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SHAW & SONS^
HARVARD COLLEGE
LIBRARY
TRANSFERRED FROM THE
SOCIAL ETHICS
LIBRARY
<" . ■ cisional r ■ , s. '->
G." fvinsent of ab.ices to raiit occask
. )'.<.[ oi r- ..iipti.....
1. woiicc ot i.-icntion to Al-fJ f'r ■ WP
here deposit^
' "•«()( from Uic cict ,„ ,, ,
house, &c !*"»"• k<»fJn|, ,1,.
from il„, pmon wiililL i™!™". «c,.
» ^'"'■" "' «noni<ijr.
X- '.onpomry tramfcr.
y. rransfcr li>enae,
J.. Certifia,cofs<wItd,,^^^
--'--?t^is* «*/ Gnan- Ftnm.
R. ^""^'Jocofappbctijoo fcr <■««/*
THE
%i!^$, 1872, 1874.
TOGBTHBB WITH ALL
THB ALSHOUSB, BEEfiHOUSE, REFRESHMENT HOUSE, WINE AND BEER-
HOUSE, INLAin) REVENUE, AND SUNDAY CLOSING ACTS
RELATING THERETO.
WITH urTEOSucnoir, kotes, am ibdex.
Seventb SMtfottt (ffteatli? Bnlatdci)*
BY
JAMBS PATERSON, Esq., M.A.,
BABRISTEB-AT-LAW.
JBeUtor qf^* ArchboWs JuHice of the Peace^'' " The Fishery Acts,
« 27ie Game Acts,'' " The Bastardy Aets^' dee.
h
LONDON :
SHAW & SONS, FETTEB LANE & CBANE COUBT, E.G.
lUfo 9xintttii star ^tMisl^txii.
' 1889.
^
FEB 171890
Harvard University.
Social Questions Library
KMVARO COLLEGE LtlRARY
TMAftfiFERREO FROfil THE
LDRARY OF THE
DEPAKTMENTOF SOCIAL ETHICS
JUL 10 1925
LONDON : PRINTED BY SHAW AND SONS, FBTTER LAKE, R.O.
PREFACE TO THE SEVENTH EDITION.
SINCE the publication of the Sixth Edition of this
Work the cases on the Licensing Acts have never
been so numerous and important as in this short interval
of time. The Author has accordingly been induced to
extend considerably the notes, and to re-write many of
them, in order to include every decision up to the
present date, and to make the contents more complete
and exhaustive. The cognate subjects of Theatre, Music
and Dancing Licenses, Billiard Licenses, and the Eights
and Duties of Innkeepers have been greatly expanded,
and scarcely any topic which one would expect to be
noticed in a Work with this title will be found to be
omitted. And to make the Work more practically useful
the Index and Table of Beferences have been made more
copious in every respect, and the type has at the same
time been improved.
The plan of the Work is that which experience, and
the recommendations of judges and practitioners attest
to be most useful in practice, namely, to give the first
place to the two Licensing Acts, 1872 and 1874, as now
being the leading Statutes, explained by copious notes
and cross-references, and then to arrange by way of
Appendix, in chronological order, all the earlier as well
as later series of outstanding enactments on licensing
matters, each, in the same manner, accompanied with
notes and cross-references. By this method, those who
a2
IV PBEFAOE TO THE SEVENTH EDITION.
consult the Work have the great advantage of readily
seeing the sequence of sections in each statute, and at
the same time have the materials for referring to every
other enactment modifying them. Besides this list of
chronological statutes, there are other enactments more
or less referred to in the notes, and of these there is a
separate table of sections to be found at the commence*
ment of the Book.
J. P.
Goldsmith Building, Temple,
August, 1889.
PREFACE TO THE FIRST EDITION.
THE Licensing Act, 1872; recently passed, and which
has made so many important changes in the laws
relating to the sale of Intoxicating Liquors, was intended
to settle some questions of domestic policy long agitated,
confessed to be extremely difficult of treatment, and
probably destined after a few years to be again and
again made the subject of discussion. It was originally
desired by the Government to introduce a consolidation
of the multifarious laws on the subject; but practical
difficulties prevented the realisation of so desirable an
object, and the present Act thus adds one to a group of
somewhat incongruous Statutes, and increases the diffi-
culty of its own interpretation.
The Editor, after much consideration, has embodied
his views of the leading difficulties that will arise under
the new Act, and has suggested some solution of most of
them. This Edition also contains a complete collection
of the existing statutory law on the subject.
J. P.
Goldsmith Buildinq, Temple,
227id August, 1872.
CHRONOLOGICAL TABLE
OP THE
STATUTES RELATIVE TO THE LICENSING ACTS,
1872, 1874.
PAGE
9 Geo. 4, c. 61 (Intoxicating Liquor Licensing Act, 1828) ... 187
1 WilL 4, c. 64 (Beerhouse Act) 217
4 & 6 Will 4, c. 85 (Beerhouse Act) 225
3 & 4 Vict. c. 61 (Beerhouse Act) 231
5 & 6 Vict c. 44 (Alehouse Act) 237
23 Vict c. 27 (Wine and Eefreshment Houses Act) ... 241
24 & 25 Vict c. 21 (Excise) 255
24 & 25 Vict c. 91 (Inland Revenue) 256
25 & 26 Vict c. 22 (Inland Revenue) 259
25 & 26 Vict c 38 (Sale of Spirits) 261
26 & 27 Vict c. 33 (Inland RevenT|e) 263
26 & 27 Vict c. 41 (Innkeeper's Liability for Guest* s Goods) 265
27 & 28 Vict c. 18 (Inland Revenue) 268
27 & 28 Vict c. 64 (Closing of Refreshment Houses) ... 270
28 & 29 Vict c. 77 (Closing of Refreshment Houses) ... 272
30 & 31 Vict c. 90 (Inland Revenue) 274
32 & 33 Vict c 27 (Wine and Beerhouse Act, 1869) ... 275
33 & 34 Vict c. 29 (Wine and Beerhouse Act, 1870) ... 288
33 & 34 Vict c. Ill (Beerhouse Act, 1870) 295
35 & 36 Vict c. 94 (Licensing Act, 1872) 1
37 & 38 Vict c. 49 (Licensing Act, 1874) 147
41 & 42 Vict c. 38 (Innkeepers Act, 1878) 296
VIU OHEONOLOGIOAL TABLE OP THE STATUTES, ETO.
PAGE
43 Vict. c. 6 (Beer Dealers Retail Act, 1880) 298
43 & 44 Vict c. 20 (Inland Revenue Act, 1880) 301
43 & 44 Vict c. 24 (Spirits Act, 1880) 306
44 & 46 Vict c. 61 (Sunday Closing (Wales) Act, 1881) ..• 307
45 & 46 Vict c 34 (Beer Dealers Retail Act, 1882) ... 309
46 & 47 Vict c. 31 (Payment of Wages in Public Houses
xLCk,>XOOO^ ... ... ••• .». ••• ... ... OLKJ
47 & 48 Vict c 29 (Licensing Evidence Act, 1884) ... 316
49 & 50 Vict c 66 (Sale to Children Act, 1886) 316
INDEX OF STATUTES,
GENERAL OUTLINE, ARRANGED IN GROUPS.
licensmg Act, 1872, 35 & 36 Vict. c. 94
Preliminaiy
Illicit Bales
Offences against public order
Repeated convictions
Registers
As to grant of licenses
Legal proceedings
Miscellaneous
Saving clauses
Definitions ...
Repeal
Application to Ireland ...
Licensing Act, 1874, 37 & 38 Vict. c. 49
Preliminary
Hours of closing
Record of convictions and penalties
Regulations as to entry on premises
Occasional licenses
Miscellaneous
Definitions and repeal
Licensing (Evidence) Act, 1884, 47 & 48 Vict c 29
Alehouse Acts, 9 Geo. 4, c 61
5&6Victc. 44
Beerhouse Acts, 1 Will. 4, c. 64
4&5WilL4,c. 85...
3&4Vict. c. 61 ...
33&34Vict c. 111...
PAGE
1
1
2
20
67
62
64
93
113
122
128
138
143
147
147
148
164
170
174
175
182
315
184
237
217
225
231
295
X
INDEX OF STATUTES.
Beer Dealers Betail Licenses Act, 1880, 43 Vict. c. 6
1882, 45 & 46 Vict, c
Closing Acts (Refreshmeiit Houses)
27 & 28 Vict. c. 64
28 & 29 Vict. c. 77
Sunday Closing (Wales) Act, 1881, 44 & 46 Vict. c. 71
Wine and Refreshment Houses Act, 23 Vict. c. 27 ...
Inland Eevenue Acts, 24 & 25 Vict. c. 21 .
24 & 25 Vict. c. 91 .
25 & 26 Vict. c. 22 .
25 & 26 Vict. c. 38 ,
26 & 27 Vict. c. 33 .
27 & 28 Vict. c. 18 .
30 & 31 Vict. c. 90 .
43 & 44 Vict c. 20 .
43 & 44 Vict. c. 24 ,
Wine and Beerhouse Acts, 32 & 33 Vict. c. 27
33 & 34 Vict. c. 29
Forms of licenses and certificates
34
PAGB
298
309
270
270
272
307
241
255
256
259
261
263
268
274
301
306
275
288
317
TABLE OF SECTIONS.
Licensing Act, 1872 (35 d 36 Vict. c. 94).
SECTION PAGE
1 Sliort title 1
2 Extent of Act 1
3 Selling liquors without license 2
4 Occupier of unlicensed premises 10
5 Drinking on premises contrary to license 10
6 Evasion of law as to this 13
7 Sale of spirits to children 15
8 Sale by standard measures 16
9 Internal communication with unlicensed premises ... 17
10 Illicit storing of liquor 18
11 Name of licensed persons on premises 19
12 Persons found drunk 20
13 Permitting drunkenness on premises 23
14 Keeping disorderly house 26
As to harbouring of thieves 27
As to seditious meetings 29
As to music and dancing 30
15 Permitting premises to be a brothel 34
16 Harbouring a constable 35
17 Permitting gaming 36
As to gaming houses 39
As to betting houses 40
18 Excluding drunkards from premises 44
23 Closing premises in riot 46
25 Persons found on premises in prohibited hours ... 47
26 Exemption from closing 50
27 Re&eshment houses to close same time as inns ... 54
28 Closing of refreshment houses at 9 or 10 p.m. ... 54
29 Local authorities granting occasional licenses 55
30 Forfeiting licenses on repeated convictions 57
31 Disqualitication of premises 58
Xll TABLE OF SECTIONS.
SECTION PAGE
32 Coiiviction j&ve years back 60
33 Omission to record conviction 61
34 Defacing record of conviction 61
36 Register of licenses to be kept 62
37 Licensing committee in counties 64
38 Licensing committee in boroughs 67
39 Stipendiary magistrates may act in licensing 71
40 Notices before new and transferred licenses 71
41 Licenses withheld wrongfully 74
42 Applications for renewal of license 75
43 Opposing confirmation of license 80
44 Disqualification for licenses 81
45 Qualification as to value of new premises 81
46 Qualification as to value of old premises 84
47 Definition of annual value 86
48 Forms of licenses 87
49 Six-day licenses 89
50 Removal of licenses 91
51 Procedure for penalties 93
Summary procedure 95
Imprisonment for non-payment of money 95
Payment by instalments of penalties 96
Power to discharge without punishment 97
Power to award costs 98
Power to issue distress 99
Proof of conviction 100
52 Appeal to quarter sessions 101
Later procedure on appeal to quarter sessions ... 101
Application of the provisions to prior Acts 103
Appeal by special case 104
53 Temporary renewal of license during appeal 105
54 No conviction quashed on certiorari 106
55 Recording convictions on license 107
56 Protection of owners of premises 108
57 Conviction for several offences on one day Ill
58 Evidence of indorsements and register Ill
59 Double remedy for offences 112
60 Disqualification of justices 113
61 Jurisdiction in piers and shores 114
TABLE OP SECTIONS. Xlll
SECTION PAGE
62 Evidence of selling and consuming liquors 115
63 Excise license to be void on forfeiture 116
64 Production of licenses by holders 117
66 Population, how estimated 117
66 Moiety of penalties to police superannuation 118
67 Mitigation of penalties (Repealed) 119
68 Dealers' retail spirit licenses 119
69 Betail spirit and liqueur licenses 119
70 Service of notices by post 121
71 Schedule to be part of Act 122
72 Saving of certain privileges 122
As to theatre licenses 124
Selling liquors at theatres 125
73 Cases not requiring license 127
74 Definition of terms 128
75 Billiard licenses 138
As to keeping open billiard tables under 8 & 9 Vict
C« xv/«/j S* XO ••• ••• ••• ••• ••• ••• X4\/
As to offences at billiards 142
76-90 Sections as to Ireland 143
Schedules of repealed enactments 1 45
Licensing Act, 1874 (37 d 38 VicL c, 49).
1 . Preliminary and short title 147
2 Commencement of Act 147
3 Hours of closing premises 148
As to Simday entertainments 151
4 Exemptions as to theatres repealed 152
5 Exemptions extended to beerhouses, &c. 152
6 Justices varying hours on Sunday afternoon 153
7 Early closing licenses 155
8 Abatement of duty on same 156
9 Selling in prohibited hours 157
10 Selling to ftoTui .^ travellers 159
11 Hours of closing night-houses 163
12 Mitigation of penalties 164
13 Record of convictions 164
XIV
TABLE OF SECTIONS.
.SECTION PAGE
1 4 Recording convictions for adulteration 166
Procedure, Sal e of Food Act 167
Adulterating beer 168
15 Continuance of forfeited licenses 169
16 Entry of constable on premises 171
17 Search warrant for illicit liquor 172
18 Occasional license at fairs and races 174
19 Occasional licenses and time of closing 174
20 Occasional licenses and offences 176
21 Joint committee for borough licenses 175
22 Provisional licenses for unbuilt premises 176
23 One justices' license for several excise licenses ... 178
24 No confirmation for out-door licenses 178
25 Rules by joint committee 178
26 Notice to oppose renewal of licenses 178
27 No appeal against refusing new certificates 179
28 Licensing justices to decide as to name, &c., on premises 180
29 Definition of " owner," &c 180
30 Licensed persons entertaining friends 181
32 Definition of terms 182
33 Repeal of sections of Act, 1872 186
Schedule defining metropolitan district 186
Alehouse Act (9 Geo, 4, c. 61).
1-3 General annual licensing meeting and adjournments
Application for licenses
Discretion of j ustices . . .
Mandamus to justices...
Certiorari and prohibition
Licensing in boroughs
Precepts to constable ...
4 Special transfer sessions...
5 Notice of adjournments ...
6 Disqualified justices
7-8 Justices in liberties and cinque ports ...
12 Applicant unable to attend licensing meeting
14 Transfer of licenses
Discretion of justices ...
187
188
189
190
192
193
194
196
197
198
199
200
201
204
TABLE OF SECTIONS. XV
SECnpN PAGE
14 Transfer of licenses— (con*iwi*«?).
Cases as to transfers 205
Contracts for sale of premises 206
15 Fees for licenses 208
27-29 Appeal to quarter sessions 210
Costs on appeal 214
36 Saving as to universities, &c 216
37 Definitions 216
Beerhouse Act (1 Will. 4, c. 64).
1-3 Licenses to retail beer 217
7 Selling without license 220
30 Licenses to sell cider and perry 222
31 Covenants against using houses for beer 223
32 Definitions of terms 224
Beerhouse Act {4: <& 5 Will. 4, c. 85).
1 Licenses preceded by certificate of character 225
5 Billeting of soldiers 226
Army Act, 1881, as to billeting 226
Liability to provide billets 227
Oflfences by keepers of victualling-houses 227
11 Penalties of 1 Will. 4, c. 64, to extend 228
13-15 Excise duty to be paid 229
17 Selling without license 229
20 Selling spirits or wine without license 230
Beerhouse Act (3 c& 4 Vict. c. 61).
1 Valuation of qualification for beerhouses 231
7 Licenses void for felony 234
8 Death of licensed person, business to continue . . . 234
9 Entry of premises with excise 235
11 Excise officers may enter table-beer houses 235
12 Excise olficers may enter premises 236
18 Exemption of then licensed houses as to value ... 236
XVI
TABLE OF SECTIONS.
T&mpora/ry License by Justices (5 c§ 6 Vict, c. 44).
SECTION
1 Justices at petty sessions endorsing a transfer...
2 Lost licenses
5 Selling liquors in packets on Sundays
PAGE
. 237
. 238
. 23»
Wine and Befreshment Houses Act (23 Vict, c, 27).
1-2 Excise duties for refresliment houses 241
3 Shops entitled to wine license 241
4 What is selling by retail 242
6 Certain houses required to take licenses 242
7 Confectioners entitled to wine licenses 244
8 Valuation qualification for in-door wine license ... 244
9 Keeping houses without license 245
10-11 Forms of licenses and duration 246
12 Death of licensed person 246
16 List of licensed persons 247
19 Selling wine without license 248
21 Definition of wine and spirits 248
22 License void for felony 248
23 Entering houses with excise 249
24 Excise ofl&cers may enter houses 249
25 Having spirits on premises 249
30 Penalties recoverable 250
32 Penalties on refreshment houses 250
33 Mitigating penalties 250
34 Appeal to quarter sessions 251
35 Costs on appeal 251
36 Constable to carry on appeal 252
38 Penalty on witnesses 253
41 Penalty on drunkards 253
42 Procedure for penalties ... 253
43 How excise penalties recovered 254
44 Covenant against using house for wines 254
Inland Eevenue Act (24 d^ 25 Vict. c. 21).
2 Dealers in spirits additional retail license 255
3 Table-beer license 255
TABLE OP SECTIONS. XVU
Inland Bevenue Act (24 d 25 Vict. c. 91).
SECTION PAGK
8 Compulsory license for late refreshment houses ... 256
9 Duty according to valuation of premises 256
10 Beerhouses may have wine licenses 257
11 Beer license exempt from penalties for wine 258
13 Beer or spirits at fairs and races 258
14 Licenses to expire on 10th October 258
Inland Beventie Act (25 (& 26 Vict. c. 22).
12 Beer, &c., at races or fairs 259
13 Occasional licenses from two justices 259
15 Transfer of licenses by excise 260
Sale of Spirits (25 (B 26 Fwj^ c. 38).
1 No action for less than 20«. of spirits 261
Tippling Act (24 Geo. 2, c. 40, s. 12) 262
Inland Bevenvs Act (26 dt 27 Vict. c. 33).
1 Beer dealer's additional retail license 263
18 Wine license to include sweets 264
19 Altering duty on occasional license 264
20 Altering law as to occasional license 264
21 As to fairs and races 265
Innkeepers Act (26 dt 27 Vict. c. 41).
1 Innkeeper not liable beyond 30^ 266
2 Obligation to receive goods 267
3 Notice to be exhibited 267
4 Interpretation of terms 268
Inland Bevenue Act (27 d 28 Vict. c. 18).
5 Occasional licenses 268
XVIU TABLE OF SECTIONS.
Befreshment House Closing Act (27 rf 28 Vict. c. 64).
SECTION
PA6B
3-4 Definitions
270
5 Closing night refreshment house
271
7 Occasional license
271
8 Definition of local authority
271
10 Not apply to railway stations
272
Befreshment Home Closing Act (28 d 29 Vict. c. 77).
2 License to accommodate trades 272
3 Withdrawing license 273
5 Justices to grant licenses 273
Inland Bevenue Act (30 d 31 Vict. c. 90).
17 Soliciting orders for spirits 274
18 Duty on methylated spirits 274
Wine and Beerhouse Act, 1869 (32 & 33 Vict. c. 27).
2 Definition of beer and cider 276
4 Excise license certificate 276
5 By whom certificates granted 276
6 Form of certificate 277
7 Notice before new certificate 277
8 Justices to refuse certificate for out-door licenses on
.. 279
.. 284
.. 285
.. 286
.. 287
.. 288
certain grounds
11 Forgery of certificate
19 Renewal of existing licenses
20 Saving of privileges
21 Repeal of prior enactments
Schedule thereof
Wine and Beerhouse Act, 1870 (33 d 34 Vict. c. 29).
3 Definition of terms 288
4 Amendment of 32 & 33 Vict. c. 27, ss. 5, 6, 7, 8, 9 ... 289
7 Amendment of 32 & 33 Vict. c. 27, s. 19 292
10 Beer dealer's additional retail license 292
TABLE OF SECTIONS. XIX
SBCnON PAGE
11 Postponing grants and renewals 293
14 Convicted of felony cannot sell spirits 294
16 Hepesd of brewer's retail license 295
Beerhouse Act, 1870 (33 & 34 Vict. c. 111).
1 Valuation of some premises in townships 295
41 a 42 Vict. c. 38, s. 1.
Landlord may dispose of goods left after six weeks ... 296
Beer Dealers Betail Licenses Act, 1880 (43 Vict, c, 6).
1 Justices to have discretion as to beer dealer's retail
licenses ... ... ... ... •■• ••. Aa\3
2 Licenses at annual meetings only 300
Inland Bevenm Act, 1880 (43 d 44 Vict. c. 20).
34 Beer brewed for domestic use 301
41-42 Duties on excise licenses for retailing cider, sweets,
beer, wine 302
43 Duties on retailing of spirits 303
45 Duties on sale of liquors in boats 305
47 Meaning of excisable liquors 306
Sj[drits Act, 1880 (43 £ 44 Vict. c. 24) ... 306
Sunday {Wales) Closing Act, 1881 (44 d 45 Vict. c. 6i;.
1 Premises in Wales closed on Sunday 307
2 Application of Licensing Acts 307
3 Commencement of Act 308
4 Sale of liquors at raQway stations 308
Beer Dealers Betail Licenses Act, 1882
(45 a 46 Vict. c. 34;.
1 Justices discretion as to off beer licenses 309
2 Certificates at annual meeting only 310
b 2
XX TABLE OP SECTIONS AND FORMS.
Payment of Wages in PuhUc-houses
(46 dt 47 Vict. c. 31).
SECTION PAGK
2 Definition of workman 311
4 No wages to be paid in public-houses 311
4 Penalties ... ... ... ... •.. ... ... 312
Polls and elections in inns 313
Licensing {Evidence) Act, 1884 (47 d 48 Vict. c. 29).
Extension of 36 & 36 Vict c 94, s. 41 316
Sale to Children Act (49 d 50 Vict. c. 56).
1 Sale to children illegal 315
2 Construed with Licensing Acts 316
Form of excise publican's license
Form of occasional license
Form of j ustices' consent to *
Form of refreshment house license
Forms of justices' licenses and certificates
.. 318
.. 319
.. 318
., 317
.. 320
TABLE OP STATUTES AND SECTIONS.
[Note. — Those statutes wMch a/re in the ajfpendix ha/oe only the
jkgt page stated here.'\
21 Jas. 1, c. 7
16 Geo. 2, c. 8, s. 12 ...
24 Geo. 2, c. 40, s. 12 ...
25 Geo. 2, c. 36, b. 2 ...
8. <5 ...
S. 4 ...
21 Geo. 3, c. 49, ss. 1, 2, 3, 5
36 Geo. 3, c. 113, s. 1 ...
39 Geo. 3, c. 79, s. 14 ...
51 Geo. 3, c. 36
57 Geo. 3, c. 19
6 Geo. 4, c. 81
7 & 8 Geo. 4, c. 53, s. 78
8. 22
9 Geo. 4, c. 47
9 Geo. 4, c. 61
1 WilL 4, c. 51, 8. 22 ...
1 WiU. 4, c. 61
1 & 2 Will. 4, c. 32, 88. 18, 26
4 & 5 WilL 4, c. 51
4 & 5 Will. 4, c. 75, 8. 10
4&5WiU.4, c. 85 ...
6 & 6 WilL 4, c. 39, 8. 7
2 & 3 Vict. c. 14, 8. 29 ...
2 & 3 Vict, c xciv. 8. 27
8. 29
8.37
2&3Vict. c. 47,8. 43...
8. 45...
D. 40 ...
PAGE
••• ••• ••• •••
... 21
••• ■■• ••• •••
... 126
••• ••• ••• •••
... 262
••• ••• ••• •••
... 31
••• ••• ••• «••
... 31
••• ••• ••• •••
... 32
••• ••• ••• •••
.. 151
••• ••• ••• ••• «
.. 10
••• ••• ■•• •••
... 29
••• ••• ••• ••■
... 199
••• ••• ••• •••
... 29
••• ••■ ••■ •••
127, 220
••• ••• ••• •••
164, 220
••« ••• ••• •••
... 173
••• ••• ••• •••
126, 240
••• ••• ••• •••
... 187
••• ••• ••• •••
... 127
••• ••« ••• •••
... 217
••• ••• ••• •••
... 268
••• ••• ••• •■•
... 220
••• ••• ••■ •••
126, 240
••• ••• ••• •••
... 225
••• ••• ••• •■•
124, 125
••• ••• ••• •••
... 123
••• ••• ••• •••
... 15
••• ••• ••• •••
... 18
••• ••• ••• •••
... 23
••• ••• ••• •••
... 15
••• ••• ••• •••
18, 123
••• ••• ••• •«•
... 124
xxu
TABLE OF STATUTES AND SECTIONS.
2 & 3 Vict c 47, 8. 68
2&3Vict 0.71,8.14
8.35
2 & 3 Vict c. 93, 8. 16
2 & 3 Vict c 94, 8. 30
3 & 4 Vict c 61
5 & 6 Vict c 44
6 & 7 Vict c. 68
8.2
88. 3, 5, 7,
8. 12—15,
8. Au •••
7& evict c. 33, 8.7 ...
8&9 Vict c. 109,8.3...
8.10
8.11
8. 12
8. 13
8.14
8.18
8.20
10 & 11 Vict c. 89, 8. 29
8.34
8.35
11 & 12 Vict c 43, 8. 5
8. 18
8. 19
8.20
8.21
8. 22
8.27
8.31
11 & 12 Vict c 49
12 & 13 Vict c. 45, 8. 1
8.2
8.18
13 Vict c. 21, 8. 14 ...
16 & 17 Vict c 68, 8. 6
16 & 17 Vict c 119, 8. 1
9,11
19,20
••
•••
.•«
•«•
• ••
•«•
•••
•..
••.
...
•••
•••
•••
...
««.
•«.
•••
...
•••
...
•••
•••
•«•
.••
•••
•••
••«
• a.
• •
• ••
FAGS
.. 23
.. 71
.. 164
.. 36
.. 124
.. 231
.. 237
. 124
.. 124
.. 124
.. 125
.. 124
.. 39
.. 139
.. 141
.. 141
.. 142
.. 141
.. 40
.. 143
23
.. 36
.. 26
.. 24
.. 98
98,100
.. 98
98,100
99
.. 214
.. 118
.. 270
.. 210
.. 103
.. 214
.. 164
.. 312
41
»••
TABLE! OF STATUTES AKD SEOTIOKS.
XXlll
PAGK
16 & 17 Vict, c 119, 8. 2 41
8. 3
41
8A. 4, 5, 6
42
s. 7
43
8. 11
43
8. 12 ...
44
8. 13
44
17 & 18 Vict c 38, 8. 4
39
88. 5, 6 ...
40
Rfl. 10, 11 ...
40
18 & 19 Vict c 38, 8. 3
126
18 & 19 Vict c 48
199
18 & 19 Vict c. 118
270
18 Sc 19 Vict c 120, 88. 249, 250
84
20 & 21 Vict c. 43, 8. 2
104, 212
8. 14
105
21 & 22 Vict c. 73, 8. 6
99
8. 7
71
22 Vict c 22
118
23 Vict c. 27
240
23 & 24 Vict c 113, 8. 21
8
24 & 26 Vict c 21
255
24 & 26 Vict c 91
256
26 Vict c 22, 8. 16
123
8. X«l ... ...
124
26 & 26 Vict c 22
259
26 & 26 Vict c. 38
261
26 & 26 Vict c. 102, fla 42, 112
84
26 & 27 Vict c. 33
263
26 & 27 Vict c. 41
265
27 & 28 Vict c 18
268
27 & 28 Vict c 64
270
28 & 29 Vict c. 77
272
30 & 31 Vict c. 90, 8. 12
123
8. 17
274
8. 18
126,274
32 & 33 Vict c. 14
267
a2&33Victc27
276
32 & 33 Vict c. 47, 8. 1
196
XXIV
TABLE OF STATUTES AND SECTIONS.
PAGE
32 & 33 Vict. c. 47, 88. 2, 3
• •
• • •
... 194
S.f ... ... a
• •
• • •
... 195
32 & 33 Vict. c. 53
• •
• • •
... 199
33 & 34 Vict. c. 29
• •
• • •
... 288
33 & 34 Vict. c. Ill
• •
• • •
... 295
34 & 35 Vict. c. 103, s. 31
• •
• • «
... 268
34 & 35 Vict. c. 112, 8. 10
• •
• • •
28, 103
8. 1^ ... ... .
• •
• • •
... 172
S. lo ... ... .
• •
• • •
... 29
35 & 36 Vict c. 94
• •
• • •
1
36 & 37 Vict. c. 18, 8. 4
• •
• • •
... 268
37&38 Vict. c. 15, 8. 3
• •
• • •
... 43
37 & 38 Vict. c. 49
• •
• • •
... 147
38 & 39 Vict. c. 21, 8. 1
• •
• • •
... 32
38 & 39 Vict. c. 23, 8. 9
• •
• • •
242, 244
38 «Sc 39 Vict. c. 55
• •
• • •
... 184
8. 128
• •
• • •
... 314
38 «Sc 39 Vict. c. 63, 8. 2
t m •
• • •
... 168
8. O ... ... a
• •
• • •
... 167
8. O ... ... 1
t m •
• • •
... 167
88. 13,14,17,21...
1 • •
• • •
... 167
8. 20
» • •
• • •
... 168
8. 20 ... ... a
• •
• • •
167, 169
38 & 39 Vict. c. 66, Sched
1 • •
• ■ •
... 199
38 & 39 Vict. c. 80, s. 1
1 • •
• • •
... 352
39 & 40 Vict. c. 16, s. 4
1 • •
• • •
241, 257
8. 9 ... ...
1 • •
• • •
... 268
39 & 40 Vict. c. 20, s. 5
• • •
• • •
29, 103^
41 & 42 Vict. c. 38
1 • •
• • •
... 296
41 & 42 Vict. c. 49, 8S. 22, 28, 45, 46, 48
» • •
• • •
... 17
42 & 43 Vict. c. 18, 8. 2
1 • •
m • •
... 32
42 & 43 Vict. c. 30, 8. 6
» • •
• • •
... 167
8. 10
• • •
• • •
... 169
42 & 43 Vict. c. 49, 8. 4
» • •
• • •
95,164
8. O ... ...
• • •
• • •
... \f\j
S.f ... ...
• • •
• • •
96
8. 8 ... ...
» • •
• ••
... 97
8. 16
• • •
• • •
... 97
TABLE OF STATUTES AND SBOTONS,
XXV
PAGE
42 & 43 Vict. c. 49, s. 17 9ft
8. 19
212
s. 21
100
s. 22
100
8.31
103, 122
8. 32
104
8.33
104
8.39
95,100
8. 41
100
8.43
100
8. 46
115
43 Vict. c. 6
298
43 & 44 Vict. c. 20
301
43 & 44 Vict. c. 24, 88. 146—148
6,306
44 Vict c. 12, 8. 3
124
44&45 Vict. c. 58,8. 103
226
8. 107
226
8. 110
227
8. 174
126
44 & 45 Vict. c. 61
307
45 & 46 Vict. c. 34
309
45 & 46 Vict, c 50. 8. 160
193,312
8. 221
118
8. 246
195
88. 248, 256
200
46 & 47 Vict. c. 18, S8. 13, 14 ...
200
46 & 47 Vict. c. 31
310
46 & 47 Vict. c. 39, Sched
200
46 & 47 Vict c. 51, 8. 20
313
s. 38
64,314
47 & 48 Vict c. 29
315
47 & 48 Vict c. 43
29
8.7 ....
212
47&48 Vict c. 70,8. 16
313
8. 23
314
8. 36
314
48 & 49 Vict, c. 51
127
8* 4. *• ... 1
276,302
XXVI
TABLE OF STATUTES AND SECTIONS.
PAGE
48 & 49 Vict, c 51, ss. 8, 9
.. 168
48 & 49 Vict c. 69, s. 13
.. 35
48 & 49 Vict c. 75, s. 2
.. 172
49 & 50 Vict c. 56
.. 393
50 & 61 Vict c. 46, s. 4
.. 314
50 & 51 Vict c. 55, s. 14
.. 314
50 & 51 Vict c. 58, s, 11
.. 312
51 & 52 Vict c. 41, 8. 3
.. 33
8.7
.. 124
s. 20
.. 302
51 & 52 Vict c. 43, s. 182
.. 263
52 Vict c. 3, s. 7
31, 125
52 Vict c 7, 8. 3
1 • •
.. 127
TABLE OF CASES CITED.
A.
PAGE
Add7V.Blake 17
AUen V. Smith 397
AUpartv.Nntt 38
Angus V. Maclachlan 898
Annandale, re 66,81
Anon. 188
Archer V. Waldegrave 33
ArmlBtead V. Wilde 366
Atkinaonv. Sellers 161
Austin, esB parte 106
Anthers, re 7,103,137
ATanlsv. Danoe 37
Bailey, re 106
Baker V. Harsh 338
Ballamv.Willshire 6
Barnes V. Aloroyd 86
Bamesv.Chlp 169
Bamoyat V. Hutchinson 368
Bassett v. GoodchUd 189, 811
Bath w. White 11, 14
Baxter o. Iiangley 33, 163
Belasco V. Hannant 37
Bellis v. Beal 83
BdUs V. Burghall 33
Bendall, ex parte 77,880
Bottv. Lister 148
Betta V. Armstead 169
Bewv.Harston 88
Bondv.BTans. 38,163
Boodle V. Birmingham 306
BoBley V. Davis 38
Bowman V. Blyth 813
Brewer V. Shepherd 169
Brigden V. Helghes 49,131,150
Brtaior,fis 9,307
Briton, re 193
Broad «. Perkins 193
Bnwdwood V. Granara 398
BroolQar «i Wood 819
Bro(dce8V.Dry8dale 307,334
Brown,ti0 7
Bcown V. Nicholson 193
Brown «ii Nugent 33
C.
PAOB
Gandlish V. Simpson 198
Garter V. Williams 334
Cashlll v. Wright 866
Gates v. South 158
Gatt i;.Tourle 335
Ghamberlain, ex parte 139
Ghisholm V. Doulton 35
Glarkv.Hague 80
Glaydon V. Green 306
Clew, re 7
Gole V, Goulton 33, 36, 37
Cooper V. Osborne 38, 49
Cooper V. Turblll 33S
Copley V. Burton 161,163
Gorbett v. Haigh 49^ 188
Gorev. James 85
Goulbert V. Troke 168
Gowles v. Gale 6,9,307
Cox V. Andrews 43
Grabtree v. Hole 88
Crofts V. Taylor 168
Grooksbank v. Rose 363
Gross v. Watts 11
Oullen v. Lancashire 34
Gundy V. Le Gocq 84
Curtis v. Buss 101,168,312
Curtis V. Siarsh 161
D.
Danford v. Taylor 37
Dansey V. Blchardson 366,899
Daun V, City of London Brewery .... 334
Daun V. Simmons 190, 367
Davis, lex parte 18,31
Dawson V. Remnant 363
Day V. Bather 367
Day V. Lukke 306
Day V, Simpson 33, 135
Deal V. Schofleld 11
D'Eresby, ex parte 307
Diggle V. Hlggs 40
Dixon V. Birch 190, 367
Dixon V. Steele 333
Drake, re 196,378
Duflell v. Curtis 84S
Dyson V.Mason 37
XXVIU
TABLE OF OASES OHED.
E.
PAGE
Eddleston v. Barnes 112
Edwick V. Hawkes 225
Elstone V. Rose 192
Embleton u Brown 115
Empson v. Metropolitan Board 278
Ethelstane, exparte 24
Evans v, Hemingway 4
F.
Fell V. Knight 298
Fielden v. Slater 223
Finch V. Blundell 169
Fisher V. Howard 161
Fleetwood v. Hull 225
Footv. Baker 37
Foot V.Butler 40,41
Forsdlke v. CJolquhoun 160, 308
Forster v. Forster 192
Fralllng v. Messenger r.... 33
Francis v. Hayward 207
Fredericks v. Payne 124
Freeman v. Bead 214
G,
Gage V. Elsey 168
Gallimore v. Goodall 162
Garrett V. Messenger 34
Garrett v, Middlesex 93, 181, 211
Garretty v. Potts 87, 212, 232
Gay V, Mathews 214
Gill V. Bright 7,19,172
Girdlestone v. Brighton 162
GrafE v. Evans 4
Green V. Botheroyd 33
Gregory v. Tuffs 33
Greig V. Bendeno 27,34
Griffiths V. Lancashire 78
H.
Hall V. Box 224
Hallv.Green 33
Hampden v. Walsh 40
Hanbury «. Cundy 225
Hannant v, Foulger 269
Hare v. Osborne 38, 49, 163, 182
Hargrave v. Dawson 135, 286
Harris v. Jenns 133, 248
Harris v. May 169
Harrington, ex parte 124
Harrison v, Leaper 25
Harrison V. Mc L'Meel .. 128, 172
Harrison v. Eichards 169
Hawthorn v. Hammond 89
Hayward v. Holland 174
Hazell v. Middleton 204
Herbert V. Markwell 267
Higgins V. Hall 169
Hoarev.MetropolitanBoard of Works 207
Hoffman V. Bond 34
PA6B
Holder v.Soulby 366,298
Holt V. CoUyer 234
Horder V. Scott 169
Howell v. Jackson 89
Howes V. Inland Revenue 343
Howorth V. Minns 133, 376
Hughes V. Done 863
Huxham v. Wheeler 333, 368
J.
James, exparte 73
Jefferson V. Richardson 159
Jenks V. Turpin 38, 39
Jennings v. Manchester 333
Johnson u Colam 34
Jones V. Bone 333, 834
Jones V. Cooper 139
Jones V. Jackson 367
Jones V. Osborne 366
Jones V. Thurloe 298
Jones V. Whittaker 139
Josselyn v. Parson 138
Joynt,ea; parte 49, 160
K.
Kay V. Over-Darwen 310
Kellewuy v. Mac Dougal 243
Kemp V. Birdr 234
Kenyon, ex j)arte 106
Kerwin v. Hincs 35
Kirk V. Goates 169
Knight V, Bowers 169
Knight V. HaUiwell 105
L.
Langrish V. Archer 31
Lea v. Whittaker 307
Leader v. Yell 238
Leah V.Minns 276
Lester V. Torrens 33
Levy V. Yates' 88
Llewellyn v. Rutherford 207
Loadman V. Cragg 28
bockhurst t?. St. Albans 104
Lon. & N. W. Rail. v. Gumett 288
London, &c. Co. V. Field 224
Luff V. Leaper 87
Luker v. Dennis 224
M.
Macklnnell V. Robinson 89
Mahon V. Gaskell 6,187
Markham, ex parte 105
Marks V. Benjamin 88
Marshall v. Fox 29
Marson v. London & 0. Rail 136, 190
Martin, esc parte 77
TABLE OF CASES CITED.
XXIX
PAGE
Mardn V. Barker 126,128,150
Harttn V. Pridgeon 28
Marwick V. Godlin 134,186
Mangham, ex parte 196, 255
Maw v. Htndmarsh 225
Mayer v, Harding 105
Mayhew V. Buttle 190
Menzies v. Lightf oot 224
Meuz V. Humphries 219
Mlnett, eas parte 206
Modlen v. Snowball 207
Moody V. Steggles 207
Moore v. Boblnson 225
Moore v. Smith 230
Morgan, ex parte 77, 213
Morgan v. Edwards 105
Morgan v. Palmer 208
Morgan V. Bayey 266
Morley v. Greenhalgh 30
- Monfflet V. Ck>le 207, 224
Mnir v. Hoare 105
'Mxsirv.Keaj 243
Mollinerv. Florence 297
Mnllins v. Collins 36
Murray V. Thompson 164
N.
Newell V. Hemingway 4
Newman v. Bendjrshe 158
Newman v. Earl of Hardwlcke 47
Newman v. Jones 4
Nichol V. Fenning 224
Norton v. Salisbury 278
Nmm v. Southall 244
O.
Oldham v. Bamsden 41
Oppenheim v. White Lion 267
Ormerod V. Ghadwick 73
Osborne V. Hare 38,49,163,182
Ovenden v. Raymond 49, 142,
162, 182
Overton v. Hunter 158
Owens V. Porter 262
PaOmerv. Thatcher 3,105,127,
188,242
FtMrker V. Flint 189
Parker v. Green 27
Pttrsons V, Alexander 40
Pluhler V. SteveniU 167
Pfttman v, Harland 224
Ptttten V. Bhymer 37,38
Peadie V. Coleman 162
Feaoookv.R 105
Pearaev.GiU 168
V. Broadbent 5,277
PAGE
Pease v. Coates 323
Peplow V. Richardson 161
Petherick v. Sargent 116, 158
Phillips, eas parte 76,239
Phllpott ». Jones 263
Piddlesden, ex parte 233
Pigeon V. Legge 45
Pine V. Barnes 163, 183
Pinnutt, ex parte 207
Preston v. Buckley 232, 296
Proctor V. Nicholson 262
Pullrook V. Ashley 207
Purkls V. Huxtable 27
Q.
Quaglieni V. Mathews 33
R.
R. V. Aberdare 278
Allmey 233
Andover JJ 101,181
Annandale J J 66, 81
Archdall 133,322
Ashton 38, 382
Athay 189
Aulton 16
Barrett 36
Barton 190
Beckley 199
Belton 190,200,212
Binney 214
Birmingham 78, 380
Bishop 167
Blackburn 73,363
Boteler..,. 189
Bolton 10«
Bristol 312
Bryan 192
Cambridge Union 382
Carnarvon 190,200
Caulfleld 378
Charlesworth 332
Cheshire JJ 101,312
Congleton JJ 179, 191
Cox 177,190,300
—^ Crewkeme J J 90, 156, 186
Cumberland 83, 118, 382
Curzon 136,306,387
Dale 118
Davidson 214
Davis 191
Deane 211,212
DeRutzen 283,243,255,263
DevonportJJ. 214
Devonshire JJ. 139
Dobbins 171
Downs 192
Bales 78; 179
—^ Edwards 188
BlyJJ. 214
XXX
TABLE OF CASES CITED.
PAGE
Kv. EssexJJ 77
Exeter JJ 86
B^quhar 78,191
Farrant 192
Fletcher (L. R. 1 C. C. 820) .... 23
Fletcher (48 J. P. 407) 23
Garrett 93,181,211
GUlyard 106
Glamorganshire (22 Q. B. D. 628) 8,
261
Glamorganshire (1 Q. B. D. 66) 233,
242, 266, 263
Goodall 214
Great Yarmouth 192
Handley 26
Hanley 280
— Hants JJ 6, 137, 214
Harries 191
Hereford 77
Herts JJ 170
Holland JJ 36
Holland 191
Holmes 190
Howard 179, 191
Huddersfleld 6, 137, 281
Hughes 23,40
Hull JJ 204
Huntley 214
Inland Bevenue 36,126
Ivens 89
Kensington 226,233
KentJJ 78, 191
Khig . . 79, 191, 192, 258, 282, 286, 299
KirkdaleJJ 196,266
— — Knapp 164
Lancashire J J. (L. R. 6 Q. B. 97) 189
Lancashire JJ. (41 J. P. 293) .. 103
Langridge 233
Lawrence .... 80, 106, 136, 197, 203
Leader 233, 280
Long 214
Liverpool J J. (52. J. P. 376) .... 90
Liverpool JJ. .. 80, 106, 136, 196, 203
Luellm 89
Manchester JJ 79, 191, 192, 268,
288, 299
Mann 85,192
Market Bosworth 80, 186, 186
Marshall 192
Maule 210
Merthyr Tydvll .... 77, 78, 280, 299
Middlesex J J 66, 81, 206, 211
Minshul 219
MisklnHigher 80
Monmouthshire 190, 200, 242, 281
Montagu 87,196,281
Moore 170
— Mortlock 214
Myers 200
Newborough 192
— Mewcastle JJ. (61 J. P. 244) 80, 179,
192,196,206
Kewcastle J J., (3 Q. B. D. 646). . 7
Newton 100
PAGB
B. v. North Riding J J S13
—• Northumberland J J S04, S06
Pawlett 103,811
Pilgrim aiS
PlrehUl 191
Raffles 6,137
ReadlngJJ lOl.SlS
Redditch 77,78,381
Bice 34,8»
Riley 73,878
Rogier 89
Rosenthal 1S5
Rowell SOS
Rymer 46,267,898
Sainsbury 191
Salford 228, 233
Schneider 810
Scott 79, 120, 191, 282, 800
Shropshire 878
Smith (37 J. P. 214) 120, 180, 181, 881»
883
Smith (31 J. P. 269) 6, 186
Smith (42 J. P. 296) 77,186
Southport JJ 120, 180, 281, 883
South Holland 198
Staffordshire 191
Stannard 85
Stephens 86
Strugnell 185
SurreyJJ 79
Surrey J J. (3 Q. B. D. 374) .... 888
Surrey J J. (62 J. P. 423) .. 190, 198»
211, 84A
Surrey J J. (L. R. 6 Q. B. 466) . . 198
Sykes 6,187,881
Sylvester 189
Taylor 805
Tott 171
Tucker 33,84
Waghom 883
_ "V^alsall 189
West RIding*ji.*(21Q. b!'d.*268)
6, 34, 68, 136, 186, 203, 206, 886
West Riding J J. (11 Q. B. D.417>
170, 211, 894
West Riding JJ.(L. R.6 Q. B.D.33)
196, 378, 898
Wilkinson 189
Williams 191
Willoughby 46
Withyham 886
Wolfe 83
Young 176
Rawnsley V. Hutchinson 814
Redgate u Haynes 88
Reigate, Mayor of, v. Hunt. 118
Rioev.Slee 888
Richards V. Banks 248, 948
Richards v. MacBiide 808
Richards V. Rivett 884
Richards v. Swansea 136, 190
Ritchie v. Smith 6, 10
Roberts 17. Humphries 161
Robinson v.Waddlngton 878
TABLE OP OASES CITED.
XXXI
PAGE
Boblnson V. Walter S98
BoweU V. Norfolk JJ 90S
Buddiok V. Liverpool 78, SU
Biuhworth,eas parte 196,378
Butter V. Daniel 207, S24
Butter V. St. Albans 104
S.
Saint Albans V. Battersby S34
Sandford v. Clarke 86
Sandys v. Florence S66
Sandys v. Small 168, 169
Scatchard V. Johnson 12,24, 116
ScoU V. Gilmore 262
Seager V. White 95,116
Searle v. Reynolds 26
Sewell v. Taylor 18,21
Sharp V. Wakefield. . 77, 179, 189, 201, 204
Shepheard v. Walker 226
Shelley v. Bethell 125
Shutt V. Lewis 33
Short, ese parte 285
Simmonds v. Blackheath J J 171, 204,
282, 290
Simpkin v, Birmingham JJ 205
Simpklns, esB parte 105
Simsv. Pay 41,112
Smith, esc parte 282
Smith «. Dearlove 266, 267
Smith V. Hereford 77,136
Smith V. Land Corporation 207
Smith V. Redding 239
Smith v.Yaiiz 159
Snead V. Watklns 297
Somerset V. Hart 38
South Staffordshire v. Stone 104
Spice V. Bacon 267
Sqaire v. Wheeler 266
Stace i;. Smith 169
Staoey v. Milne 166
Stallard V. Marks 4^ 242
Stancliffe V. Clarke 225
Stanhope V. Thnrsby 106
Stevens v. Empson 5, 260
Stevens v, Sherbrook J J 170, 186, 203,
211, 294
Strauss v. County Hotel 266
Stainger v. Huddersfleld 6, 117
Stnchberry v. Cancer 4, 243
Sonbolf V. Alf ord 298
Qyers V. Conquest 83
T.
!Cat»rth, eas parte 136
Taite V. Gosling 224
Tarling V. Fredericks 124
PAOB
Tassell V. Ovenden 131,150
Taylor V. Goodwin 22
Taylor v. Humphries 161
Taylor v. Oram 189,943
Tennant V. Cumberland 158
Terry v. Brighton 153
Thomas v. Hayward 234
Thompson V. Greig 15S
Thompson v. Harvey 5, 328, 233
Thompson v. Lacy 266, 298
Thomwall V. Johnson 224
Threlfall v. Berwick 297
Tippet V.Hart 301
Todd, re 208
Tumbull V. Appleton 18
Turner v. Johnson 95,117
TurriU v. Crawley 397
Tyson, re 18»
Vine V. Leeds 6. 294
W.
Walker v. Midland Railway Co 266
Wardenv.Tye 24
Warner v. Brighton 162
Washington v. Scott 232
Washington V. Young 17
Watktns,ea; parte 214
Watt r. Glenlster 162
Webb V. Catchlove 36
Webb V. Knight 167
Wells V. Attenborough 123
Wells V. Cheyney 46
Wemyss v. Hopkins 112
West V. Potts 212
Westbrook r. Griffith 298
Wheeker v. Webb 169
White V. Coquetdalc 206
Whitfield t?. Balnbridge 27
Wigan V. Strange ....** 126
Wilson V. Hart 223,224
Wilson ». Stewart 24
Windsor v, Jeffrey 232
Winn v. Mossman 118
Woodhouse v. Woods 106
Wooler t?. Knott 166, 226
Wray v. Toke 35, 27
Wright V. Harris 188
Wynne v. Ronaldson 106
Y.
Young V. Higgin 278
INTRODUCTION.
The sale of Intoxicating Liquors by retail is now dealt with
mostly in five separate statutes, or groups of statutes.
The Alehouse Act, 9 Geo. 4, c. 61, now called the Intoxicating
Liquor Licensing Act, 1828, amended by 5 & 6 Vict. c. 44, and
qualified by provisions in the Municipal Corporations Act, 1882
dealt with the houses known as inns or victualling-houses where
intoxicating liquors are consumed on the premises, the leading
feature of which was, that before intoxicating liquors could be
sold in such houses, a license from the justices at the general
annual licensing meeting or the adjournment was necessary.
And there were numerous miscellaneous ofiences arising out of
the conduct of such houses. The first of these statutes is still the
root of the jurisdiction of licensing justices.
The Beerhouse Acts, 1 Will. 4, c. 64 ; 4 & 5 Will. 4, c. 85 ;
3 & 4 Vict c. 61 ; 33 & 34 Vict. c. 14 ; 43 Vict. c. 6, and 45 & 46
Vict. c. 34, dealt with the houses or rather shops for the sale of
beer and cider by retail both for consumption on the premises
and off the premises, and at first such houses were allowed to be
opened and carried on without requiring any guarantee of
character, though after a few years a certificate of good character,
signed by a few neighbours, and of a very imperfect nature, was
c
XXXIV INTRODUCTION.
required as a basis for the excise license. A rating quaUfication
was next added. But up to 1869 no justices' license or certificate
was required, and thus an important guarantee of character had
been omitted, which was then suppHed.
The Wine and Refreshment Houses Act, 23 Vict. c. 27,
amended and added to by Inland Revenue Acts, 24 & 25 Vict,
c. 21 ; 24 & 25 Vict. c. 91 ; 25 & 26 Vict. c. 22; 25 & 26 Vict,
c. 38 ; 26 & 27 Vict. c. 33 ; 27 & 28 Vict. c. 18 ; 43 & 44 Vict
c. 20, followed the analogy of the Beerhouse Acts, and not of the
Alehouse Acts.
At last the Wine and Beerhouse Acts, 1869, 1870, 32 & 33
Vict. c. 27 ; 33 & 34 Vict. c. 29, were passed, with a view to
supplement the conspicuous deficiency of the Acts as to beer-
houses, wine and refreshment houses, by requiring thereafter a
certificate from justices for the sale of aU intoxicating liquors by
retail, and which certificate was tantamount to the alehouse
license granted by justices, though not identical in aU respects.
One or two other retail licenses not included in the Beerhouse or
Wine Licenses Acts were also included in the Wine and Beer-
house Act of 1869, and treated in the same manner^so £ar, at
least, as to require in all the cases a justices' certificate as a
preliminary condition.
It may be also added that, in addition to the four groups of
statutes already mentioned, there was a separate group which
dealt with the closing of all such houses on Sundays and to some
extent also on week-days during the night. These Acts at first
applied to all licensed houses, but now are confined to refresh-
ment houses which do not supply intoxicating liquors.
The Licensing Act of 1872, while repealing entirely the Sunday
Acts, as regards all houses licensed to sell liquor, though not as
regards refreshment houses where no intoxicating liquor is sold.
INTRODUCTION. XXXV
and substituting new provisions as to Sunday, Christmas Day,
and Good Friday, left a considerable portion of all the other Acts
untouched. It introduced more uniformity into the management
of houses, by requiring a justices' license or certificate (these
being now practically convertible terms) substantially in all cases
where intoxicating liquor is sold by retail. Numerous miscel-
laneous offences connected with such management were singled
out for separate treatment, and the punishment generally was
increased. In an Act of that kind, however, which was not a
corisolidating Act, but was designed merely to supplement the
more important deficiencies of former Acts, the process of recast-
ing and moulding anew the enactments had been attended with
some losses and anomalies which were almost inevitable, and
these were further increased by the necessity of references and
cross-references between so many statutes, from each of which the
others borrowed something.
The Licensing Act, 1874, did not attempt to disturb the settle-
ment contained in the Act of 1872, but merely corrected one or
two anomalies which had attracted prominent notice, and added
a few minor details supplementary to those in the prior Act.
The leading provisions of the outstanding enactments as to the
grant of licenses and certificates may be classed under the follow-
ing heads, and wiU be found noticed in greater detail under the
following references : —
Publicans' licenses (new or old). Discretion unUmited.
9 Geo. 4, c. 61, s. 1.
»
II
transfer. Discretion nnlimited.
9 Geo. 4, c. 61, s. 14.
renewal. Discretion unlimited.
9 Geo. 4, c. 61 , s. 1.
Licensing Act, 1872, s. 42.
XXXVl INTRODUCTION.
Beer license, new (off and on). Discretion nnlinuted.
9 Geo. 4, c. 61.
32 & 33 Vict. c. 27, s. 8.
33 & 34 Vict. c. 29, s. 5.
43 Vict. c. 6.
45 & 46 Vict. c. 34.
»
>»
«
»
renewal (off and on). Discretion nnlimited.
transfer (off and on). Discretion nnlimited.
since 1869 (on). Discretion limited.
32 & 33 Vict. c. 27, s. 19.
renewal and transfer (on). Discretion limited.
Cider license, new (on) license. Discretion nnlimited.
32 & 33 Vict. c. 27, s. 8.
renewal and transfer (on). Discretion nnlimited.
new (off). Discretion limited.
32 & 33 Vict. c. 27, s. 8.
renewal and transfer (off) license. Discretion limited.
Wine license, new (on) license. Discretion nnlimited.
32 & 33 Vict. c. 27, s. 8.
11
renewal and transfer (on). Discretion nnlimited.
new (off) license. Discretion limited.
32 & 33 Vict. c. 27, s. 8.
renewal and transfer (off). Discretion limited.
Spirits and liqueurs, new (off) license. Discretion limited.
Licensing Act, 1872, section 69.
32 & 33 Vict. c. 27, s. 8.
„ renewal and transfer (off). Discretion limited.
Licensing Act, 1872, section 69.
32 & 33 Vict. c. 27, s. 8.
33 & 34 Vict. c. 29, s. 4.
Sweets, new (off) license. Discretion limited.
Licensing Act, 1872, section 74.
32 & 33 Vict. c. 27, s. 8.
renewal and transfer (off). Discretion limited.
new (on) license. Discretion nnlimited.
Licensing Act, 1872, section 74.
23 Vict. c. 27, s. 7.
32 & 33 Vict. c. 27, s. 8.
INTBODUOnON. XXXVU
Sweets, renewal and transfer (on). Discretion anlimited.
Valuation qualification — publicans* licenses since 1872.
Licensing Act, 1872, section 45.
>»
»»
»>
»»
since 1872 (on) beer, cider, wine, sweets.
Licensing Act, 1872, sections 46, 47.
if before 1872, beer and dder (on).
3 & 4 Vict. c. 61.
33 & 34 Vict. c. 29, s. 10.
Licensing Act, 1872, sections 46, 47.
if before 1872, wine and sweets (on).
23 Vict. c. 27, s. 8.
Licensing Act 1872, sections 46, 47.
beer and cider (off).
3 & 4 Vict. c. 61, s. 1.
Licensing Act, 1872, sections 46, 47.
Greneral annual licensing meeting for all new and renetoaX licenses,
time of holding.
32 & 33 Vict. c. 27, s. 8.
9 Geo. 4, c. 61.
33 & 34 Vict. c. 29, s. 4.
Transfer sessions, when held and cases entertained.
9 Geo. 4. c 61, ss. 4, 14.
33 & 34 Vict. c. 29, s. 4.
Licensing Act, 1874, section 15.
Petty sessions, temporary license between transfer sessions.
5 & 6 Vict. c. 44.
Notices by applicants for new license.
Licensing Act, 1872, section 40.
32 & 33 Vict. c. 27, s. 7.
„ for transfer.
Licensing Act, 1872, section 40.
No notices for renewal licenses.
Confirmation of all new licenses.
Licensing Act. 1872, sections 38, 39, 43.
Licensing Act, 1874, section 24.
No confirmation for new (off) licenses.
Licensing Act, 1874, section 24.
Provisional grants.
Licensing Act, 1872, section 60, Act 1874, s. 22.
XXXVm INTEODUOTION.
Kemoval grants.
Licensing Act, 1872, section 50, Act 1874, s. 22.
Six-day licenses.
Licensing Act, 1872, section 49.
Early closing licenses.
Licensing Act, 1874, section 7.
Excise temporary license.
Licensing Act, 1872, section 53.
Exemption orders.
Licensing Act, 1872, sections 26, 29.
Occasional licenses for other places.
24 & 25 Vict. c. 22, s. 13.
26 & 27 Vict. c. 33, s. 20.
27 & 28 Vict. c. 18, s. 5.
„ licenses for fairs and races.
25 & 26 Vict. c. 22, s. 13.
26 & 27 Vict. c. 33, ss. 19, 21.
27 & 28 Vict. c. 18, s. 5.
Licensing Act, 1874, sections 19, 20.
No appeal to quarter sessions against refusal of new licenses.
35 & 36 Vict. c. 94, see Schedule.
37 & 38 Vict. c. 49, s. 27.
Appeal as to all renewals and transfers of licenses and certificates.
9 Geo. 4, c. 61. s. 27.
32 & 33 Vict. c. 27, s. 8.
33 & 34 Vict. c. 29, s. 4.
Closing on Sundays, ChristmavS Day, and Good Friday.
37 & 38 Vict. c. 49, ss. 3, 9.
44 & 45 Vict. c. 61 (Welsh).
27 & 28 Vict. c. 64 (Refreshment Houses).
The various particulars relating to other details will be fonnd
in the Index under tlieir appropriate heads..
THE LICENSING ACTS.
INTOXICATING LIQUOR LICENSING ACT,
1872.
35 & 36 Vict. Cap. 94.
AN ACT for Regulating the Sale of Intooncating
Liquors. [10th August, 1872.]
WHEREAS it is expedient to amend the law for
the sale by retail of intoxicating liquors, and
|]ie regulation of public-houses and other places in
vdiieh intoxicating liquors are sold, and to make further
profvision in respect of the grant of new licenses for the
J9ale of intoxicating liquors, and the better prevention of
dnmkenness.
i Be it enacted by the Queen's most excellent Majesty,
and with the advice and consent of the Lords spiritual
■ temporal, and Commons, in this present Parliament
ibled, and by the authority of the same as follows : —
Preliminary.
1. Short title.'] This Act may be cited as " The Sect L
►licensing Act, 1872."
[ 2. Extent of Act.] This Act shall not extend to
fieoUand.
B
2 LICENSING ACT, 1872, S. 3.
Sect. 3, 3. Prohibition of sale of intoxicating
without license.^ No person shall sell or ex
sale by retail any intoxicating liqnor withoi
duly licensed to sell the same, or at any place i
is not authorised by his license to sell the sam<
person selling or exposing for sale by retail an^
eating liquor which he is not licensed to sell b
or selling or exposing for sale any intoxicating
at any place where he is not authorised by his li
sell the same, shall be subject to the following p€
that is to say, —
(1) For the first offence he shall be liable to a
not exceeding fifty pounds, or to impri
with or without hard labour for a t
exceeding one month :
(2) For the second offence he shall be lial
penalty not exceeding one hundred po
to imprisonment with or without hare
for a term not exceeding three months
may, by order of the court by whic
tried, be disqualified for any term not ei
five years from holding any license foi
of intoxicating liquors :
(3) For the third and any subsequent off
shall be liable to a penalty not exceed
hundred pounds, or to imprisonment
without hard labour for any term not ei
six months, and may, by order of the i
which he is tried be disqualified for a:
of years or for ever from holding anj
for the sale of intoxicating liquors :
. 35 & 36 vxoT. 0. 94, s. 3. 3
In addition to any other penalty imposed by this Sect. 3.
Hidction any person convicted of a second or any snbse-
iguent oflfence under this section shall, if he be the holder
Hpf a license, forfeit such license, and in the case of a con-
'Viction of any oflfence under this section, the court may,
3f it think expedient so to do, declare all intoxicating
Hqnor found in the possession of any such person as last
aforesaid, and the vessels containing such liquor, to be
fiorfeited.
No penalty shall be incurred under this section by
ihe heirs, executors, administrators, or assigns of any
Uoensed person who dies before the expiration of his
license, or by the trustee of any licensed person who is
adjudged a bankrupt^ or whose aflFairs are Kquidated by
arrangement before the expiration of his license in
respect of the sale or exposure for sale of any intoxi-
cating liquor, so that such sale or exposure for sale be
made on the premises specified in such license, and take
place prior to the special sessions then next ensuing, or
(^ such special session be holden within fourteen days
next after the death of the said person or the appoint-
ment of a trustee in the case of his bankruptcy, or the
Bqiddation of his affairs by arrangement) take place
)^or to the special session holden next after such
■pecial session as last aforesaid.
Sellmg liquors vnthout a license.] This section applies to
jjll' pablic-houses, alehouses, houses included in the Wine and
•Beamonse Acts, and all those requiring a justices' license. In
iiasnB cases grocers or wine mercnants holding a wine dealer's
Ifoense may sell wine by retail, not to be consumed on the
» under an additional retail license, though having no
license, being exempted under section 73 : Palmer v.
', 3 Q. B. D. 46 ; 47 L. J. M. C. 54 ; 37 L. T. 784 ; 42
J. P. 213. So as to spirit dealers in some cases, see notes to
b2
4 LICENSING ACT, 1872, S. 3.
Sect. 3. Clubs Supplying Liquors.
IfOTE. section 73, post As to the evidence of sale, see section
occasional neenses, see section 29, post,
A dealer in liquors not hj retail requires no justices' 1
only an excise license ; and there may be a difficulty i
whether a licensed dealer in wines and spirits who has ;
other towns requires a license also for tlie place where
takes orders : Stallard v. Marks, 3 Q. B. D. 412 ; 42
47 L. J. M. C. 91 ; 38 L. T. 566 ,• 26 W. R. 694. The :
to be, that if the dealer keeps premises and stores elsei
has an agent to take orders, he requires to be licensed 1
but if an agent elsewhere is not provided with premises
orders at his own office, then the dealer need not have a
the agent's address : Stuchberry v. Spemer, 51 J. P. 181
JmL. Kjm X41*
As to alehouses, the o£fence of selling without a IJ
dealt with by 9 Geo. 4, c. 61, s. 18. Under that section t
was put on " selling, bartering, exchanging, or for vali
sideration otherwise disposing of the lic[uor, or permitt
things to be done. Here the offence is " selling or es
sale only, and these words are not so extensive as th(
9 Geo. 4, c. 61, s. 18, which section is now repealed,
tering or exchanging " will now be treated as m the nat
under section 62, post, and so e(|ually within this pens
punishment under this section is much more severe t
9 Geo. 4, c. 61, s. 18.
Clubs supplying liquors.] The sale here meant is 8
as takes place between buyer and seller in ordinary si
where there is a club or association of persons, such as a
tion club, who buy liquor for the whole body, and then
it among the members according to rules and bye-law
own, this is not a sale : Graff v. Evans, 8 Q. B. D. 373
262 ; 51 L. J. M. C. 25 ; 46 L. T. (n.s.) 347. And for
reason, if a limited company keep a club, and the director
liquor and direct the manager or servant to distribute
the members according to a fixed tariff, what he does is
within the meaning of this section : Newell v. Hemingwa
324 ; 58 L. J. M. C. 314 ; 60 L. T. 544. If the club is on
club, the person selling or distributing the liquor ma]
to the penalty : Evans v. Hemingway, 52 J. P. 134. Wh
is managed by a committee who give express instructic
manager not to sell liquors to non-subscribers, and h(
the committeemen will not be liable, though the mana^
so : Newmanv, Jonesy 17 Q. B. D. 132 ; 50 J. P. 373 ; 65 .
113; 55 L. T. 327. As to proprietary clubs the rule
35 & 36 VICT. 0. 94, s. 3.
Void Licenses.
Sect 3.
it^ and the proprietor or any servant actuallv managing the ^qxr*
nb would he deemed the person selling his own liquors witnout
^izeense.
Selling rnider avoid license,] A distinction is drawn between
Kficense which purjports on the &ce of it to be regular, and one
iHiich is intrinsically void. Thus, where a justice of the petty
tomfmiiil division only was authorised to grant an occasional license
llder 25 & 26 Vict c 22, s. 13, to sell at other places than the
■By and a justice not of the proper division granted it, the
iolder was held not liable for selling without a license : Stevens
i Empsm, 1 Ex. D. 100 ; 40 J. P. 484 ; 46 L. J. M. C. 63 ; 33
fc T. 821. So an excise license granted without the overseers'
ertificate, contrary to 3 & 4 Vict c 61, s. 2, was held not void,
liough it would have been, if the holder was not the real resident
older and occupier : Tlumpson v. Harvey, 4 H. & N. 254 ; 28
V J. M. C. 163 ; 23 J. P. 150. And where a license was pro-
need^ but one of the signatures of the justices was suggested to be
ngeo^ though not by the license holder, the justices rightly
ifosed to admit evidence of forgery, and held the license valid :
L V. Minshtd, 1 N. & M. 278.
On the other hand, some licenses, though on the face of them
igular, are treated as utterly void. Thus, a license granted to a
BTSon who had been previously convicted of felony, though no
ae but himself was aware of the felony, and a formal transfer had
Ben subsequently obtained regularly by a third party, was held
3id in the hands of such third party : Viiu v. Leeds, R, v. Vine,
. R. 10 Q.B. 195 ; 39 J. P. 213 ; 44 L. J. M. C. 60 ; 31 L. T. 842 ;
} W* R. 649. So if a license is forfeited on conviction for using
oaaaed premises as a brothel, it is void from that moment for aU
dzpoBes : jB. v. TFest Ridmg JJ,, 52 J. P. 455 ; 21 Q. B. D. 258 ;
7 li. J. M. C. 103 ; 36 W. R. 258. So a license to a dead man
tmld be void, and the executors would get into difficulties by
newing in a dead man's name : Cowles v. Gale, L. R. 7 Ch. 12 ;
t Ii. J.Ch. 14 ; 25 L. T. 524 ; 20 W. R 70. So a license granted
f justices not at the general annual meeting, or an adjournment,
roold be void : 9 Qeo, 4, c. 61, s. 13. And before that Act a
oeaue jgranted by justices, sitting in private instead of in public,
HB TQid: R. y. Downs, 3 T. K 569. Where. tiie parties, the
iBtiees, and the excise, all acted on tiie notion that an enactment
mB unrepealed, and a license was granted, the court held it void,
otwithstanding the mistake : Pearson v. Broadbent, 36 J. P. 485.
o a beer and wine license obtained by forgery would be void
Ifi & 33 Vict c 27, s. 11), and licenses granted to persons who
re declared to be disqualified (9 Geo. 4, c 61, s. 16 ; 1 WilL 4,
, ei» B. 2 ; 35 & 36 Vict. c. 94, s. 30).
6 LICENSING ACT, 1872, S. 3.
Sect. 3. Alteration of Premises.
Note. An agreement of a licensed person. to sublet a Toom to
unlicensed person to sell liquors therein, contrary to 9 Geo. 4,1
c 61, is contrary to public policy, and void : BUchie v. SmM, ii
C. B. 462 ; 12 J. P. 822 ; 18 L. J. C. P. 9. I
Selling in Remises which have been enlarged.J TMl
case also sometimes arises where during the licensing yoKj
the license holder has rebuilt his premises on a l^^raiteiiOKi
annexed adjoining premises. In such a case the ELi^li Goail||
seldom interferes with the discretion of justices, and considers thfti
it is for justices on the occasion of a renewal, or of a proaecnluu
under this section, to determine whether the altered or enlugel |
premises are substantially the same as the original premises, and 1
whichever way the justices determine, the High Coiit declines to
interfere, even though the premises have been doubled in sua :
E. V. Smith, 31 J. P. 259 ; 15 L. T. 178 ; R. v. SampsMre, BallamJ.
Wiltshire, 44 J. P. 72 ; R, v. Raffles, 1 Q. B. D. 207 ; 40 J. P. 68j 4ft
L. J. M. C. 61 ; 34 L. T. IjBO; 24 W. E. 536. A license holder, fifcl
other traders, may enlarge and improve his premises at his own
discretion, subject to the risk of the justices treating the alteratioos_ |
as substantial when a renewal is applied for : R. v. ^kes or Strikgit '
V. Huddersfield, 1 Q. B. D. 52 ; 40 J. P. 22 ; 45 L. J. M. C. 39 ; »
L. T. 568. And the High Court has refused to interfere evm
where he was convicted of selling in the annexed premises «
being a selling there without a license : Mahon v. GcmeUf 42 J. P«
583. See further, section 74 and notes, post.
Hawking and selling spirits.] If any person hawks, selli^or.
exposes to sale anv spirits otherwise than on premises for whull
he is licensed to sell spirits, he shall incur a fine of lOOZ., and tibs
spirits shall be forfeited. In default of payment of the fine oft'
summary conviction, the offender shall be imprisoned with OC
without hard labour. Any person may arrest a person found
committing an offence against such section : 43 & 44 Vict c. 8^ .
8. 146. Aid a like penalty is incurred for knowingly sellinff or
delivering spirits to the end that they may be unlawfully retukd
or consumed : Ibid. s. 147. And the same penalty is incuzxed
if any person receives, buys, or procures any spirits m>m a penon
not having authority to sell or deliver the same : Ibid, s. 148L
The punishment.] The forfeiture of the license on a seoond
or subsequent offence is not a matter of discretion in the justioeai
On the t^ird offence, as the term of imprisonment exceeds thzei
months, the defendant may demand a trial by jury under the
Summary Jurisdiction Act, 1879, 42 & 43 Vict c. 49, s. 17.. Th^
35 & 36 VICT. c. 94, s. 3. \
Punishment for Unlicensed Selling, Sect 3.
pBeviotis eonviction may be proved by a certified extract from the Notb.
KgiBter kept by the clerk of the convicting court : 42 & 43 Vict.
«, 49, B. 22. See notes to section 51, post
The forfeiture of liquor and of the vessels is discretionary in the
jnetiees on any conviction under this section. Before, however,
tbe liquor found in possession can be forfeited, it seems an oppor-
tunity must be given to the person convicted to show cause, for
tiieie may be good reason for the liquor not being forfeited'as being
VQUBt to third parties : GUI v. Bnght, 41 L. J. M. C. 22 ; 25 L. T.
(h-B.) 691 ; 20 W. R 248 ; 36 J. P. 168. And for a like reason
tlie justices may well refuse to decide anything as to this matter of
fnfeitare.
The disqualification of the convicted person on a secwid or subse-
Siient offence must be ordered by the court which adjudicates on
be offence, and at the time the penalty or imprisonment is awarded,
and ifl discretionary in the court. A second offence means a second
under the Licensing Acts, and hence the justices were held to act
without jurisdiction who treated one offence against this section,
Qoapled with another prior offence against the excise enactment
in 4 ^ 5 WilL 4, c. 85, s. 17, as a second offence : lie AiUhers, 53
J. P. 116 ; 22 Q. B. D. 355 ; 58 L. J. M. C. 62 ; 37 W. R 320.
Notice of the forfeiture and disqualification must be sent by the
derk of the court to the licensing officer of the district, and to the
olerk of the justices (if a different person), along with the forfeited
license: see section 55, post.
The imprisonment authorised by this section as the alternative
poniahment does not mean an imprisonment in default of payment
of any penalty imposed, for if a penalty be imposed there must be
in the conviction the usual clause of distress before the imprison-
ment can be directed : Be Clew, 8 Q. B. D. 54 ; 51 L. J. M. C. 140 ;
46 J. P. 634 ; 46 L. T. (n.s.) 482 ; 30 W. R 704. And the pro-
oednre mentioned in section 51 of this Act before it was repealed
did not apply to imprisonment when made the alternative punish-
ment for tnis offence : Re Brown^ R, v. Newcastle J J,, 3 Q. B. D.
545 ; 42 J. P. 598 ; 47 L. J. M. C. 108 ; 38 L. T. 682 ; 26 W. R.
757. The defendant may appeal to quarter sessions against the
immisoninent under section 52, post
The mode of enforcing the penalty hereby imposed is set forth
in 11 & 12 Vict c. 43, s. 19, supplemented by 42 & 43 Vict. c. 49,
8. 21, namely, by distress, and it it appear that there are no goods
oar insufficient goods, or it would be injurious to distrain, then,
instead of issumg warrant of distress, by commitment to prison
^without hard labour according to ihe scale of term set forth
in 42 & 43 Vict. c. 49, s. 5, the maximum term being three
months. See Act 1872, s. 51, post.
8 LICENSING ACT, 1872, S. 3.
Sect 3. Selling without Excise License.
Note. Selling by retail] The Alehouse Act, 9 Geo. 4, c. 61, di{ ,
not define what is meant by selling by retail, and this Act W^\
no definition of that expression beyond what is containea m\
section 74, posty and which in effect says that that ezpresaion shiD
have the meaning which any of the Liquor Acts has aaaigned to
it in reference to the particular kind of liquor. That seottA:
seems to extend to alehouses the definition contained in 4 ft f ^|
WilL 4, c 85, s. 19, post, and confined formerly to beerhouse^n
therefore whenever beer, cider, or perry is sold in a less qnantilf 4
than four-and-a-half gallons it will be a selling by reteiL M?
regards spirits, the sale of spirits in any quanti^ less than tvo'^
faLlons, or one dozen reputed quart bottles shall be deemed nb
^retail: 43 & 44 Vict. c. 24, ss. 102, 104 A selling of fim^i
wines in less quantity than two gallons or in less than one doMt
reputed quart bottles at one time, shall be deemed to be a aeUiflg
by retail : 23 Vict. c. 27, s. 4. And so is a selling of sweets ii
those quantities : 26 & 27 Vict. c. 33, s. 18. These quantities trill
apply to public-house keepers when selling the same hquors. Sweeli
are also said to be sold wholesale if sold above two galloiis cv
one dozen quarts : 11 & 12 Vict c. 121, s. 9; 23 & 24 Yict c lU^
s. 7. Sweets or made wines mean any liquor made by feimeBlik-
tion from fruit and sugar, or from fruit or sugar mixed with was
other material : 23 & 24 Vict c. 113, s. 21. And sweets indnoi
made wines, mead and metheglin: 33 & 34 Vict. c. 5K9, s. 9;
43 & 44 Vict. c. 20, s. 40. Moreover, all persons making eiitl|' I
at the excise office as alehouse keepers, victuallers, or letaOA
are deemed sellers by retail of such liquors to all intents aaft
purposes : 35 Geo. 3, c. 113, s. 9.
Selling vdthout excise license,] As to beerhouses not hoUte
excise licenses the former enactments on this subject W6m 1
Will. 4, c. 64, s. 7; 4 & 5 Will. 4, c. 85, s. 17, and as to wild-
houses the enactment was 23 Vict. c. 27, s. 19, neither of jrtSA
is repealed expressly. Those enactments will still apply to ths
houses which have no excise license, while the present entA^
ment will apply to such houses for which no justices' ceitifiorts
has been obtained; but these, of necessity, must, under 32 ft SI
Vict c. 27, s. 4, be now always found co-existing. The j^en iMss
in those sections are thus concurrent, and do not interfere wA
this third section of the Licensing Act, 1872, or with the 6th and
6th sections, subject to this, that a person cannot (by sectkn
59) be punished under both Acts. Ajid the appeal to qnszler
sessions against a conviction for selling without an excise lioaus
is now held to be regulated by the Summary Jurisdiction Aoli
like ordinary appeals under this Act : R. v. OlanwrgcuUkin f 61
J. P. 294; 22 Q. B. D. 628; 68 L. J. M. C. 93.
35 & 36 VICT. c. 94, s. 3. 9
Death, dc, of License Holder. Seek 3.
if the justices' license is void under any provision of this jjZ^
16 excise license becomes void also, ^e section 63, pod.
I and spirits are on the same footing as wine : Licensing Act,
lections 69, 74
^,ent of third section,] This section seems to apply to
who sell anywhere bv retail (that is, in the small quan-
kbove referrea to), any kind of intoxicating liquor without a
I or certificate for that li<][uor, or who, though licensed, sell
lace not covered by their license, and for which the owner
tany occasional license: Licensing Act, 1874, s. 17. There
e often a difficulty in deciding whether an offence comes
. the 3rd or 5th or 6th sections. See notes to those sections.
liny by executor or trustee of licensed person.]
ast paragraph in this section is a re-enactment of the
> in 9 Geo. 4, c. 61, s. 18, now repealed, but is not identical
page. Nor is it identical with the similar enactment as to
Lcenses in 23 Vict c 27, s. 12, and beer licenses in 3 & 4
;. 61, 8. 8, which were excise licenses only. This enactment
B to certificates for all the houses included in the Wine
serhouse Acts, and the sale of spirits and liquors by retail
isumption off the premises, also the sale of sweets as well as
house licenses, and provides for the temporary interval
in death or bankruptcy of the licensed person, and the
ition of the personal representative or trustee to the next
. transfer sessions under 9 Geo. 4, c. 61, s. 14 But the
tion from the penalty is confined under this section to the
ses of death and bankruptcy of the licensed person during
crency of his license or certificate. The exemption will not
ae after the next special sessions or the next after, though
[ not be necessary to obtain during that interval any
ement at petty sessions. As to all the other causes of
ir mentioned in 9 Geo. 4, c. 61, s. 14, it will be necessary to
indorsement at petty sessions, until the next special sessions,
er to exempt the transferee or succeeding occupier from
108 : 5 & 6 Vict. c. 44, s. 1. By the 3 & 4 Vict. c. 61, s. 8,
\ Vict c. 27, s. 12, the executor is entitled to enjoy the excise
I for the rest of fhe yearly term without further payment.
I most be taken not to renew a license in the name of a
nan: Cinoles v. Gales, L. R. 7 Ch. 12; 41 L. J. Ch. 14; 25
584; SOW. R. 70.
sre a licensee became bankrupt, and by the covenant of his
ras bound on its determination to assign the license to the
it was held that the license was not "property" of the
and did not pass to the trustee, but ought to be assigned
lessor : Be BrUnor, 46 L. J. Bk. 85 ; 25 W. K 560.
10 LICENSING ACT, 1872, S. 5.
Sect. 4. 4^ Occupier of unlicensed premises liable for
sale of liquor.^ The occupier of any nnKceiised pre*^
mises on which any intoxicating liquor is sold, or if
premises are occupied hy more than one person, eyefj]
occupier thereof, shall, if it he proved that he was prh
or consenting to the sale, he snhject to the penali
imposed npon persons for the sale of intoxicating liquoil]
without license.
This section deals separately with all occupiers of houees nfl^j
licensed, in which liquors are sold by third parties without license^ j
if such occupiers are aware of the fact. The previous section in-. 1
eludes occupiers who sell without a license as well as non»
occupiers ; out there may be a few cases where the occupief »j
not tne person who sells, though he allows anotiier to selL an
consents to his selling, in which event both are to be punifllldM
aUke. •'
This section supersedes what was provided for in the repeaUl^
18th section of 9 Geo. 4, c. 61, as to persons permitting unlicennA']
selling, and it was held that any agreement of a licensed penui. i
to allow an unlicensed person to seU in part of his premises, im
contrary to public policy and void : Ritchie v. Smith, 6 C. B. 4flS»
12 J. P. 822 ; 18 L. J. C. P. 9. The Excise Act, 35 Geo. 3, c lU^'
8. 1, which also prohibits persons permitting unlicensed selling tl'
one's house, outhouse, yard, garden, orchard, or other place, uudflf
a penalty of 20^. seems still in force.
5. Seller liable for drinking on premises coi^
trary to liceiise.^ If any purchaser of any intoxicating
liquor from a person who is not licensed to sell the same!
to he drunk on the premises drinks such liquor on tfai
premises where the same is sold, or on any high'waf
adjoining or near such premises, the seller of suoIl
liquor shall, if it shall appear that such drinking UrBB
with his privity or consent, he subject to the following
penalties (that is to say) : —
For the first offence he shall he liable to a penalty
not exceeding ten pounds ;
35 & 36 VICT. c. 94, s. 5. 11
^ For the second and any subsequent offence lie shall _
F • be liable to a penalty not exceeding twenty pounds.
'^ For the purposes of this section the expression " pre-
E^amses "where the same is sold" shall include any premises
li^Uijoining or near the premises where the liquor is sold,
idtf belonging to the seller of the liquor or under his
control^ or used by his permission.
[Any conviction for an offence under this section
shall be recorded on the license of the person con-
Ticted.]
This section and tlie next are enactments snpersecling corres-
ponding sections in previous Acts, 4 & 5 Will. 4, c. 85, s. 4 ;
3S & 33 Vict c. 27, s. 14; 33 & 34 Vict. c. 29, s. 6, and much
difficulty has hitherto been felt in meeting the offences aimed at,
as was seen in Cross v. Watts, 13 C. B. (n.s.) 239 ; 27 J. P. 18 ; 32
L. J. M. C. 73 ; 7 L. T. 463 ; 11 W. R. 210 ; Deal v. Schqfield,
L. K. 3 Q. B. 8 ; 32 J. P. 181 ; 37 L. J. M. C. 15 ; 17 L. T. 143 ;
16 W. R. 77; 8 B. & S. 760. The word "not" in the second line
was probably intended to be put before "to be drunk" in that
line. A person " not licensed to sell liquor to l)e drunk on the
premises may mean either a person who has no license at all of
any kind, or one who has a license to sell liquor, but only " liquor
not to be drunk on the premises." The enactment seems to have
heen intended to meet this latter case only, and hence the word
**not" is misplaced.
The present section is confined entirely to the circumstances
desciibed in- the first four lines, wluch collectively constitute
a condition precedent to the offence. (1) The premises on which
■ the liquor is drunk must be premises on which the person selling
liaa no license to sell the same in order to be drunk on such pre-
mises ; (2) The sale must be on such premises ; and (3) The
liquor must also be drunk on the premises, or on a highway near
stich premises, or in a third party's premises adjoining or near, it
imder the seller^s control. These conditions existing, the seller
of such liq^uor is to be liable to penalties, but only if he was privy
or consentmg to such drinking. If the liquor is taken to neigh-
bouring premises (not being the seller's) a few yards distant and
drank on such premises and partly on the highway, this cannot
be treated as an offence with the seller's privity: Bath v. White,
3 C. P. D. 175 ; 42 J. P. 375 ; 26 W. R. 617.
LICENSING ACT, 1872, S. 5.
Tlie consent or privity must refer to some premises aa
tlie seller's consent would be matter of legal right, for ]
not be said to consent to something he cannot prevent or
Hence, if, for example, the field of a third person a4i«
house, and if the seller has no interest in it, and the pi
gets into the field and there drinks the liquor, it will be t
to hold that he did so with the privity or consent or pec
of the seUer, since the seUer will not be able either to nve
away the permission to go into another's fidd. Sud^ a «
this seems not covered by this section. If the last para^
section 6 had been applicable to the 5th section, this cufi
would have been met
Another difficulty may arise when the man who purcha»
liquor does not drink it himself, but hands it over to a
person, who drinks it on the premises or near them ; the pG
seems not to apply in such a case. The justices may, hovi
in such a case, hold that the real purcliaser was the one
drank the liquor, and the other, or nominal purchaser, was
^ent, if the facts warrant the inference ; for, under section
the consumer is primd facie a purchaser. And this view '
acted on as to an ofifence under section 13, vost : Scatchard
Johnson, 52 J. P. 389 ; 57 L. J. M. C. 41. And the seller may
liable under the 3rd section.
This penalty seems to be cumulative to that mentioned in t
■3rd section, imless the construction above suggested is adoptc
viz., that it applies only to persons having a license of some kitt
for otherwise it would be somewhat singular that a perBon wi
sells liquor on premises without a license will be liable on pre
of those facts alone to the heavy penalties of the 3rd section, ai
jet, if the same person, in addition to the above fiacts, let ti
Surchaser drink the liquor on the premises, he would on]j I
able to the much milder penalties of the 5th section.
It seems that there is no penalty incurred by a purcliaser wl
iqgainst the will of a licensed person (whose license is only to •
liquor '< not to be consumed on the premises "), insists on diinldl
the liquor on such premises immediately after buving it ; thooj
he may in some cases be brought withm the 18th section. T
•above 5th section seems intended to prevent any encoorageme
beinc given to such purchasers, who, if not checked, might pn
tically turn a house which was not licensed for consumption <
the premises into one which was so licensed.
The part loithin brackets was repealed by Licensing Act, 181
section 33, but see that Act, section 13. The justices may ord
ihiB conviction to be recorded.
35 & 36 VICT. G. 94, s. 6. la
6. Evasion of law as to drinhing on premises Sects.
contrary to license.^ If any person having a license
to sell intoxicating liquors not to be drunk on the pre-
mises, himself takes or carries, or employs or suffers any
other person to take or carry, any intoxicating liquor
out of or from the premises of such licensed person for
the purpose of being sold on his account, or for his
benefit or profit, and of being drunk or consumed in
any other house, or in any tent, shed, or other building
of any kind whatever, belonging to such licensed person,
or hired, used, or occupied by him, or on or in any place,
whether enclosed or not, or whether or not a public
thoroughfare, such intoxicating liquor shall be deemed
to have been consumed by the purchasers thereof on the
premises of such licensed person, with his privity and
consent, and such licensed person shall be punished
accordingly in manner provided by this Act.
[Any conviction for an offence under this section
shall be recorded on the license of the person convicted.]
In any proceeding under this section it shall not be
necessary to prove that the premises or place or places
to which such liquor is taken to be drunk belonged to,
or were hired, used, or occupied by the seller, if proof
be given to the satisfaction of the court hearing the case
that such liquor was taken to be consumed thereon or
therein with intent to evade the conditions of his license.
This section seems to be an attempt to explain more fully the
circumstances which will amount to the offence described in sec-
tion 6. It attempts to punish any evasion of the statute which
oonslBts in allowing people to drink liquor on other premises, for
the profit of the seller, when the license is one for the sale of
liquor " not to be drunk on the premises." It seems to prevent
the holder of a particular license doing substantially the very
ihhig which his license forbids ; for if his customers could drink
4 LICENSING ACT, 1872, S. 6.
>ect. 6. ^^^ liquor in the iinmediate neighbourhood the house woTili
— - ' used practically in the same way as if licensed for consumj
Note, on the premises.
This section is confined to cases where the seller has a lu
" not to be drunk on the premises/' and the liq^uor is conao
in some other premises, or building, but sufficiently near t
used as if they were the same premises.
The words at the end of the first para^aph, " shall be pun:
accordingly in manner provided by this Act," must mean
the penalties incurred are those in the 5th section. See not
that section.
The whole section seems not to apply to the case wher
liquor was sold before leaving the premises, but only where i
not then actually sold and was taken to be hawked or to be »
some neighbouring place. If, for example, a previous orde
given for liquor to be sent to premises this would be. a 1
sale except where the liquor was understood to be drunk
section 5. To make out the offence, the liquor must have
sold for the profit of the licensed person, and the place of inti
consumption of the liquor must have been in contemplati
the seller before the consumption was effected. The pli
consumption may be, (1) Any tent, shed, or other building
the licensed place, if belonging to or hired or used by the s
and primd facie proof of hiring or using will be the fact (
consumption in such place, with the seller's knowledge or is
but this iprimd facie evidence may be contradicted ; (2]
place of consumption may also be " any place, whether enl
or not, and whether or not a public thoroughfare." As
words would primd fa^ie include the whole world, there nw
necessity be some implied restriction. The highway
obviously be adjacent to the house, or within view of the 1
otherwise the connection between the sale and consumptio]
be too remote. The "enclosed place" cannot include the
chaser's own house, or tent, or shed, otherwise the liquor ;
could in any conceivable place be legally consumed. '
where the purchaser's premises adjoin, his drinking the
obtained on the highway close to his own premises, as
as to the licensed premises, is no offence : nath v. Wh
C. P. D. 175 ; 42 J. P. 375 ; 26 W. R. 617. The liquor
need not be the same as that which the license authorises to b€
As to proof of consumption, see also section 62, posL
With regard to the proof mentioned in the last parag
that the liquor was taken to be consumed therein, t.c., on
premises, the only reasonable construction seems to be, that i
intended by the seller that the liquor should be ta^en b
85 & 36 vipr. o. 94, s. 7. 15
for the purpose of consuming it on premises which, S6€k o.
to this section, must be deemed equivalent to the seller's Notb.
uses, and thus of doing what the statute meant to pro-
he liquor must have been taken " with intent," and the
ist mean " the intent of the seller," for the buver may,
« of the seller, drink it on the premises, and tne seller
t be held liable ; at least, if he had no reasonable
m that this defiance of law would be perpetrated there.
xt witMn brackets was repealed by Licensing Act, 1874,
|, but see that Act, section 13. The justices may order
iction to be recorded.
'Sale of spirits to children.'] Every holder of
B who sells or allows any person to sell, to be
3d on the premises, any description of spirits to
3on apparently nnder the age of sixteen years,
liable to a penalty not exceeding twenty shillings
Srst offence, and not exceeding forty shillings for
nd and any subsequent offence.
an application of the enactment 2 & 3 Vict c. 47, s. 43
ealed by this Act, and formerly confined to the metro-
>olice district), to England. In the city of London a
lactment still seems to be in force (2 & 3 Vict c xciv.
i applicable to all excisable liquors.
L 50 Vict c. 56, ^05^ (which is to be construed as one with
fiing Acts 1872 and 1874), section 1, every holder of a
'ho knowingly sells or allows any person to sell any
»n of intoxicating liquors to any person imder the age of
years for consumption on the premises by any person
.ch age as aforesaid, shall be liable to a penalty not
; 208. for the first ofifence, and not exceeding 40a. for the
id any subsequent offence.
tiie first enactment it is immaterial who consumes the
CTnder the second enactment the liquor must be con-
L the premises by some person under thirteen*
Olds " any person apparently under the age of sixteen
ave it to the discretion of the justices to &id that fact,
living at their conclusion, they may be guided by the
f witnesses, as well as their own judgment, though their
' will be sufficient. If, at the hearing, it be jjroved that^
[yparently under sixteen, the person is above sixteen, then
«s will not be justified in convicting : but such a ground
16 LICENSING ACT, 1872, S. 7.
Sect. 7. would not be suf&cient for quashing a conviction after it 1
— once made on the best judgment tne justices could anil
Note, h^q time being.
With regard to any kind of liquor sold to a peno
thirteen, in order to convict the nolder of the ucenf
manager, he must be proved to have knowingly sold
person ; that the person is under thirteen years of age ; ai
was for consumption on the premises by a person undei
(not necessarily the same person under thirtieen). As tc
age under thirteen, it seems that the jurisdiction to con
not depend on the mere fact of the age, but, as in tb
enactment, on the apparent age, or, in other words, H
ledge of the license holder or manager as to that fact. 1
of both enactments seem not to throw the risk of findin
age on the licensed person as in sections 13 and 16. Sec
those sections.
8. Sale to be by standard measv/reJ\
person shall sell all intoxicating liquor which is
retail and not in cask or bottle, and is not s(
quantity less than half a pint, in measures
according to the imperial standards.
Every person who acts or suffers any persoi
his control or in his employment to act in contra
of this section shall be liable to a penalty not exc
for the first offence, ten pounds, and not exceed
any subsequent offence twenty pounds, and shall
liable to forfeit the illegal measure in which th<
was sold.
The penalty in this section is incurred only by the pei
sells or suffers his servants to sell and act in contravt
the section. There may be cases where the keeper of ti
shows successfully that he did not suffer his servants 1
measures not marked, as where the servant has, in disi
his orders, so sold. This penalty will apply to unlicense
as licensed persons selling, and is a cumulative penalty,
lican who uses earthem mugs, and serves customers wi
impliedly represents them to be of imperial measure, an
are unstamped they will be liable to seizure i R, y. A
35 & 36 viOT. 0. 94, s. 9. 17
^. ^C. 129 ; 3 R & R 668 ; 25 J. P. 69 ; 3 L. T. 699 ; 9 Sect. 8.
.B. 278; WcukingUm v. Ymmg, 19 L. J. Exch. 348 ; 6 Ex. «^^ —
HL B\it where tlie customer asks for a glass or other quantity -wOTl,
lleli is not a known legal measure of capacity like a half pint,
Jin no offence will be committed by the seller whatever may be
to capacity of the glass. The Act must be literally complied
Ml whenever a legal denomination of measure is the tning
BUUided, and that measure is more than half a pint.
Khe forfeiture of the illegal measure is discretionary in the
tices under this section.
^ Addyv. Blake, 19 Q. B. D. 478 ; 51 J. P. 599 ; 56 L. T. 711 ;
W, R 719, B. went into a licensed house of A. and asked for
Int of beer. A. went into a back parlour, poured the liquor
) a stamped measure not seen by B. and then into a jug and
vered the jug to B., and the court held that this was not a
Ing by imperial measure, as the measure was not seen by B.,
tnerefore A. had committed tbe offence under this section.
"he Weights and Measures Act, 41 & 42 Vict. c. 49, s. 22, does
subject any one to a fine if the vessel is not represented as
taining any amount of imperial measure, or if he aoes not use
atend to use it as a measure. But every measure of capacity
1 have the denomination thereof stamped on the outside of
1 measure in legible figures and letters (section 28). A
sore stamped by an inspector is a l^al measure (section 45).
leasure for liquids partly of ^lass and partly of metal or other
rrent medium may have tne capacity indicated by a level
wn through the transparent part ^section 46). The in-
jtor, if authorised in writing by a justice of the peace, may
»ect measures and seize unjust measures, and to refuse exami-
xm. is subject to a fine of bl, (section 48). All appeals against
netions under the Weights and Measures Act are now regu-
i by the Summary Jurisdiction Act, 47 & 48 Vict. c. 43,
id. See notes to section 52 of this Act, jpost.
^. Fenalty on internal comrrmnication hehoeen
msed premises and house of public resort.']
vcy person who makes or uses, or allows to be
le or used, any internal communication between any
used premises and any unlicensed premises which
used for public entertainment or resort, or as a
eshment house, shall be liable to a penalty not ex-
LICENSING ACT, 1872, S. 10.
ict. 9. ceeding ten pounds for every day dnring which
commnnication remains open.
In addition to any penalty imposed by this
any person convicted of an offence under this
shall, if he be the holder of a license, forfeit
license.
A similar enactment and more extensive is in the Metro]^
Police Act, 2 & 3 Vict. c. 47, s. 46, and the City of London
2 & 3 Vict. c. xciv. s. 29.
This penalty is imposed on the occupier of the unliceimdj
well as of the licensed premises. There seems no reason, why '
internal communication should be large enough to allow
to pass through.
A place of public resort may be any ordinary shop ; it mtj
an auction room : Sewell v. Taylor, 7 C. B. (n.s.) 160 ; 29 U
M. C. 50; 1 L. T. 37 ; or a cricket ground : Tv/nmUl v. AmMmt
45 J. P. 69; or a railway platform: Ex parte Dams, 2 H. & 1n . VKHii
26 L. J. M. C. 178 ; 21 J. P. 280.
A place of public entertainment may be a public fJAnrfug x«m%
or music room, or theatre, as to which see notes to sectloii \4%
post
As to what is a refreshment house, see 23 Vict c 27, & ^ ill
notes, post
The forfeiture of the license of the licensed person, conrietedll
imperative, or rather follows on the conviction by operati<Mi d
the statute ; and the justices have no discretion in the mnttir
As to the effect of it, and as to how the landlord may protect falBp
self against the consequences of a conviction for this offence dim
tenant, see Licensing Act, 1874, section 15, post
This section does not interfere with the natural right of HBf
licensed person to enlarge his premises by addmg other piendm
so long as both are used as one house. See section 74 and notak
10. Penalty on illicit storvng of liqvor.'] If
any licensed person has in his possession on the jx^
mises in respect of which his license is granied|
any description of intoxicating liquor which he is not
authorised to sell, unless he shall account for the poft^
session of the same to the satisfaction of the court bf
35 & 36 VICT. 0. 94, s. 11. 19
-which he is tried, he shall forfeit such liquor and the Sect 10,
vessels containing the same, and shall he liahle to a
penalty not exceeding for the first offence, ten pounds,
and not exceeding for any subsequent offence, twenty
pounds.
This section is confined to the case of a person being licensed to
«ell only some kinds of liquor and having a different kind of
liquor in his premises, in which case, unless he can account for
the possession of such last-mentioned liquor, he will incur the
penalty. If, for example, a beerhouse keeper has a cask of spirits
or wine in his premises and is summoned under this section, it
will be for the justices to judge whether the cask of wine or
spirits was for his own personal use only, as it may well be. The
justices must decide whether his account is only a pretence. In
any event he must have an opportunity of giving his account of
the matter before the liquor is forfeited : Gill v. Bright^ 36 J. P.
168; 41 L. J. M. C. 22; 26 L. T. (n.s.) 691; 20 W. R. 248.
A power to search for liquors not only in licensed premises, but
in any place where such hquors are not authorised to be sold is
given by the Licensing Act, 1874, section 17. See notes to that
section.
See also enactment as to wine seUers having spirits in their
premises, 23 Vict. c. 27, s. 25, post,
11. Names of licensed persons to be affixed to
premises.^ Every licensed person shall cause to be
painted or fixed, and shall keep painted or fixed on the
premises in respect of which his license is granted, in a
oonspicuous place and in such form and manner as the
[licensing justices] may from time to time direct, his
name, with the addition after the name of the word
"Ucensed," and of words sufficient, in the opinion of
the said [justices] to express the business for which
his license has been granted, and in particular of words
expressing whether the license authorises the sale of
intoxicating liquor to be consumed on or off the pre-
mises only, as the case may be ; and no person shall
c2
20 LICENSING ACT, 1872, s. 12.
Scctll, have any words or letters on his premises importing that
he is authorised as a licensed person to sell any into2>
eating liquor which he is not in fact dnly authorised to
sell. Every person who acts in contravention of the
provisions of this section shall be liable to a penalty not
exceeding for the first offence ten pounds, and not-
exceeding for the second and any subsequent offence
twenty pounds.
The -words within brackets were inserted by the licensmg Ad,
1874, section 28.
This section makes it the duty of the party licensed to apply to
the licensing justices for information as to -what form and TnftT>TM*r
of publication they have directed. But if none is diiectedy eadi
party is nevertheless forbidden to state that he sells any kind of
uquor -which he is not in fact authorised to sell, and he will inear
the penalty for this mis-statement alone. It will be for tibie
justices to decide, as matter of law, whether the words or IcftteiB
''import" that the person sells other liquors than he is entitled to
do. In general before conviction the person is entitled to notice
from the justices, who should lay down some general role on 1^
subject, clear and minute, so that parties may be able to comply
with it. Should the license be a six-day license, there must he
words indicating that such license is for six days only. See sec-
tion 49, post. And if the license is an early closing license thie
must be stated. See Act, 1874, section 7, post. The not keeping
up of the name and license is a continuing offence.
The obligation to " keep fixed " implies the duty to renew the
words if defaced.
As to who are the licensing justices in this and other sectioii%
see section 74 (definition of tnose words) and notes tJieieon ; alee
Act, 1874, section 6, and notes.
Offences against Public Order.
12. Penalty on persons found drunh.'] Every
person found drunk in any highway or other public
place, whether a building or not, or on any licensed
premises, shall be liable to a penalty not exceeding
ten shillings, and on a second conviction within a
35 & 36 VICT, 0. 94, s. 12. 21
period of twelve months shall be liable to a penalty Sect 12.
not exceeding twenty shillings, and on a third or sub-
sequent conviction within such period of twelve months
be liable to a penalty not exceeding forty shillings.
Every person who in any highway or other public
place, whether a building or not, is guilty while drunk
of riotous or disorderly behaviour, or who is drunk
while in charge on any highway or other public place
cf any carriage, horse, cattle, or steam-engine, or who
is drunk when in possession of any loaded fire-arms,
may be apprehended, and shall be liable to a penalty
not exceeding forty shillings, or, in the discretion of
the court, to imprisonment, with or without hard labour,
for any term not exceeding one month.
Where the court commits any person to prison for
non-payment of any penalty under this section, the
court may order him to be imprisoned with hard
labour*
This section applies to premises having an occasional license :
licensing Act, 1874, section 20.
By section 60 a justice who is a brewer, &c., may take part in
the dispoeal of cases under this section if the offence do not relate
to premises in which he is interested as defined by that section.
The statute 21 Jas. 1, c. 7, as to drunkenness, being repealed
by the second schedule, this section is now the general enactment
dealing with the punishment of drunkenness.
Ptthlic place."] The words " or other public place, whether a
building or not," coming after the word " highway," confine this
offence to a highway, or a street, or a buildmg like a market or
pier, where the public have a right to be. The words " public place "
have be^i held to include a railway carriage while carrying pas-
sengers: Langruhv. Archery 10 Q. B. D. 44; 47 J. P. 295; 47 L. T.
548* The description of place here given is not (][uite so extensive
as the words ^ place of public resort," used in section 9, which have
been held, for example, to include a railway station : Ex parte
I>avu, 2 H.&N. 149; 21J. P.280; 26 L. J. M. C. 178; a house
where an auction was held: Sewell v. Taylor, 7 C. B. (n.s.) 160;
14 LICEli^SING ACT, 1872, s. 6.
Sect. 6. *^® liquor in the immediate neighbourhood the house would be
— - ' used practically in the same way as if licensed for consumption
Note, on the premises.
This section is confined to cases where the seller has a license
" not to be drunk on the premises," and the liquor is consumed
in some other premises, or building, but sufl&ciently near to be
used as if they were the same premises.
The words at the end of the first paragraph, " shall be puniahed
accordingly in manner provided by this Act," must mean that
the penalties incurred are those in the 5th section. See noteis to
that section.
The whole section seems not to apply to the case where the
liquor was sold before leaving the premises, but only where it was
not then actually sold and was taken to be hawked or to be sold in
some neighbouring place. If, for example, a previous order was
given for liquor to be sent to premises this would be. a lawfdl
sale except where the liquor was understood to be drunk as in
section 5. To make out the offence, the liquor must have been
sold for the profit of the licensed person, and the place of intended
consumption of the liquor must have been in contemplation of
the seller before the consumption was effected. The place of
consumption may be, (1) Any tent, shed, or other building than
the licensed place, if belonging to or hired or used by the seller ;
and primd facie proof of hiring or using will be the fact of the
consumption in such place, with the seller's knowledge or intent ;
but this primd facie evidence may be contradicted ; (2) The
place of consumption may also be " any place, whether endoaed
or not, and whether or not a public thoroughfare." As theee
words would frimd fa^ie include the whole world, there must of
necessity be some implied restriction. The highway rastk
obviously be adjacent to the house, or within view of the hoai& .
otherwise the connection between the sale and consumption niB'r
be too remote. The "enclosed place" cannot include the pup-
chaser's own house, or tent, or shed, otherwise the liquor new
could in any conceivable place be legally consumed. ThoL
where the purchaser's premises adjoin, his drinking the beer
obtained on the highway close to his own premises, as iwil
as to the licensed premises, is no offence : oath v. WhiUf 8
C. P. D. 175 ; 42 J. P. 375 ; 26 W. R. 617. The liquor sold
need not be the same as that which the license authorises to be sold.
As to proof of consumption, see also section 62, post.
With regard to the proof mentioned in the last paragnnl^
that the liquor was taken to be consumed therein, ^.e., on otoer
premises, the only reasonable construction seems to be, that it Wii
intended by the seller that the liquor should be takken by tibe
35 & 36 VICT. 0. 94, s. 7. 15
consumer for the purpose of consuming it on premises which, "®Ck o.
according to this section, must be deemed equivalent to the seller's Notb.
own premises, and thus of doing what the statute meant to pro-
hibit The liquor must have been taken " with intent,'' and the
jntent must mean " the intent of the seller," for the buyer may,
in defiance of the seller, drink it on the premises, and the seller
could not be held liable ; at least, if he had no reasonable
expectation that this defiance of law would be perpetrated there.
The part withdn brackets was repealed by Licensing Act, 1874,
section 33, but see that Act, section 13. The justices may order
this conviction to be recorded.
7. Sale of spirits to children.^ Every holder of
a license who sells or allows any person to sell, to be
consnmed on the premises, any description of spirits to
any person apparently under the age of sixteen years,
shall be liable to a penalty not exceeding twenty shillings
for the first offence, and not exceeding forty shillings for
the second and any subsequent offence.
This is an application of the enactment 2 & 3 Vict. c. 47, s. 43
{now repealed by this Act, and formerly confined to the metro-
politan police district), to England. In the city of London a
ififnilftr enactment still seems to be in force (2 & 3 Yict c. xciv.
& 27), and applicable to all excisable liquors.
By 49 & 50 Vict. c. 56, post (which is to be construed as one with
the Licensing Acts 1872 and 1874), section 1, every holder of a
license who knowingly sells or allows any person to sell any
description of intoxicating li(^uors to any person under the age of
thirteen years for consumption on the premises by any person
nnder such age as aforesaid, shall be liable to a penalty not
exceeding 209. for the first offence, and not exceeding 40a. for the
second and anv subsequent offence.
Under the first enactment it is immaterial who consumes the
qniita. Under the second enactment the liquor must be con-
sumed on the premises by some person under thirteem
The words " any person apparently under the age of sixteen
yean,'' leave it to the discretion of the justices to &id that fEict,
and in arriving at their conclusion, they may be guided by the
opinion of witnesses, as well as their own judgment, though their
own view will be sufficient. If, at the hearing, it be proved that^
though apparently imder sixteen, the person is above sixteen, then
the justices will not be justified in convicting : but such a ground
16 LICENSING ACT, 1872, S. 7.
^^ti, 7, would not be snfElcient for quafihing a conviction after it liadl)en
— once made on the best judgment we justices could arnve at fat
Note, the time being.
With regard to any kind of liquor sold to a person undflf
thirteen, in order to convict the nolder of the uoenae or hit
manager, he must be proved to have knowingly sold to ami
person ; that the person is under thirteen years of age ; and that it
was for consumption on the premises by a person under iMxteoi
(not necessarily the same person under thirteen). As to proof of
age under thirteen, it seems that the jurisdiction to convict win
not depend on the mere fact of the age, but, as in the faaaet
enactment, on the apparent age, or, in other words, the know-
ledge of the license holder or manager as to that facL The words
of both enactments seem not to throw the risk of finding out the
age on the licensed person as in sections 13 and 16. See notes ti
those sections.
8. Sale to be by standard meastireJ] Every
person shall sell all intoxicating liquor which is sold by
retail and not in cask or bottle, and is not sold in a
quantity less than half a pint, in measures marked
according to the imperial standards.
Every person who acts or suffers any person under
his control or in his employment to act in contravention
of this section shall be liable to a penalty not exceeding,
for the first offence, ten pounds, and not exceeding for
any subsequent offence twenty pounds, and shall also be
liable to forfeit the illegal measure in which the liquor
was sold.
The penalty in this section is incurred only by the person who
sells or suffers his servants to sell and act in contravention of
the section. There may be cases where the keeper of the house
shows successfully that he did not suffer his servants to sell m
measures not marked, as where the servant has, in disr^aid of
his orders, so sold. This penalty will apply to unlicensed as well
as licensed persons selling, and is a cumulative penalty. A pub-
lican who uses earthem mugs, and serves customers with mem
impliedly represents them to be of imperial measure, and if they
are unstamped they wHl be liable to seizure : E. v. AuUony 90
35 & 36 vioT. 0. 94, s, 9. 17
L. J. M. C. 129 ; 3 E. & E. 568 ; 25 J. P. 69 ; 3 L. T. 699 ; 9 Sect. 8.
W. R. 278 ; WaMngUm v. Foww^f, 19 L. J. Exch. 348 ; 5 Ex. • —
403. But where the customer asks for a glass or other quantity ^o^*»
wluch is not a known legal measure of capacity like a half pint,
then no offence will be committed by the seller whatever may be
the capacity of the glass. The Act must be literally complied
with whenever a legal denomination of measure is the thing
demanded, and that measure is more than haK a pint.
The forfeiture of the illegal measure is discretionary in the
justices under this section.
In AddyY. Blake, 19 Q. B. D. 478 ; 51 J. P. 599 ; 56 L. T. 711 ;
35 W. R 719, B. went into a licensed house of A. and asked for
a pint of beer. A. went into a back parlour, poured the liquor
into a stamped measure not seen by B. and then into a jug and
delivered the jug to B., and the court held that this was not a
aeUii^ by imperial measure, as the measure was not seen by B.,
and therefore A. had committed the offence under this section.
The Weights and Measures Act, 41 & 42 Vict. c. 49, s. 22, does
not subject any one to a fine if the vessel is not represented as
contaimng any amount of imperial measure, or if he does not use
or intend to use it as a measure. But every measure of capacity
flhall have the denomination thereof stamped on the outside of
such measure in legible figures and letters (section 28). A
measure stamped by an inspector is a legal measure (section 45).
A measure for liquids partly of glass and partly of metal or other
transparent medium may have the capacity indicated by a level
line arawn through the transparent part i^section 46). The in-
spector, if authorised in writing by a justice of the peace, may
inspect measures and seize unjust measures, and to retuse exami-
nation is subject to a fine of 5^. (section 48). All appeals against
convictions under the Weights and Measures Act are now regu-
lated by the Summary Jurisdiction Act, 47 & 48 Vict. c. 43,
sched. See notes to section 52 of this Act, ]post»
9. Penalty on internal communication between
licensed premises and house of 'public resort.'\
Every person who makes or uses, or allov^s to be
made or used, any internal communication betw^een any
Kcensed premises and any unKcensed premises v^hich
are used for public entertainment or resort, or as a
refreshment house, shall be liable to a penalty not ex-
18 LICENSING ACT, 1872, S. 10.
Sect 9. ceeding ten pounds for every day during which swk
communication remains open.
In addition to any penalty imposed by this sedaon
any person convicted of an offence under this sectiiiit
shall, if he be the holder of a license, forfeit such
license.
A similar enactment and more extensive is in the Metropolitea
Police Act, 2 & 3 Vict. c. 47, s. 45, and the City of London Aii,'
2 & 3 Vict. c. xciv. s. 29.
This penalty is imposed on the occupier of the unlicensed M
well as of the licensed premises. There seems no reason why tlid
internal communication should be large enough to allow pexsoni
to pass through.
A place of public resort may be any ordinary shop ; it may ba
an auction room : Sewell v. Taylor, 7 C. B. (n.s.) 160 ; 29 ll J.
M. C. 50; 1 L. T. 37 ; or a cricket ground : TwrnbuU v. AmMtm^
45 J. P. 69; or a railway platform: Ex parte DaviSy 2 H. & N. 149;
26 L. J. M. C. 178 ; 21 J. P. 280.
A place of public entertainment may be a public ilanciTig ioqhl
or music room, or theatre, as to which see notes to section H
post.
As to what is a refreshment house, see 23 Vict, c 27, 8. ^ and
notes, post.
The forfeiture of the license of the licensed person convicted if
imperative, or rather follows on the conviction by operation of
the statute ; and the justices have no discretion in uie matter*
As to the eJQfect of it, and as to how the landlord may protect him-
self against the consequences of a conviction for this offence c/lYm
tenant, see Licensing Act, 1874, section 15, post
This section does not interfere with the natural right of any
licensed person to enlarge his premises by adding other premisea
so long as both are used as one house. See section 74 and notes.
10. Penalty cm illicit storing of liquor J\ If
any licensed person has in his possession on the pr^
mises in respect of which his license is grantedy
any description of intoxicating liquor which he is not
authorised to sell, unless he shall account for the pofr?
session of the same to the satisfaction of the court hj
35 & 36 viOT. 0. 94, s. 11. 19
he is tried, he shall forfeit such liquor and the SecLlCL
; containing the same, and shall be liable to a
f not exceeding for the first offence, ten pounds,
Dt exceeding for any subsequent oflfence, twenty
aection is confined to the case of a person being licensed to
y some kinds of liquor and having a different kind of
a his premises, in which case, unless he can account for
session of such last-mentioned liquor, he will incur the
If, for example, a beerhouse keeper has a cask of spirits
in his premises and is summoned under this section, it
for the justices to judge whether the cask of wine or
vas for his own personal use only, as it may well be. The
must decide whether his account is only a pretence. In
nt he must have an opportunity of giving his account of
ter before the liquor is forfeited : OiU v. Bright, 36 J. P.
L. J. M. C. 22; 25 L. T. (n.s.) 591; 20 W. R. 248.
wer to search for liquors not only in licensed premises, but
place where such liquors are not authorised to be sold is
y the Liicensing Act, 1874, section 17. See notes to that
dso enactment as to wine sellers having spirits in their
8, 23 Vict c. 27, s. 25, post
, Names of licensed persons to be affixed to
>ses.j Every licensed person shall cause to be
i or fixed, and shall keep painted or fixed on the
les in respect of which his license is granted, in a
suous place and in such form and manner as the
dng justices] may from time to time direct, his
with the addition after the name of the word
sed," and of words sufficient, in the opinion of
id [justices] to express the business for which
)nse has been granted, and in particular of words
dng whether the license authorises the sale of
ating liquor to be consumed on or off the pre-
only, as the case may be ; and no person shall
c2
JO LICENSING ACT, 1872, S. 12.
Sect, lit have any words or letters on his premises importing
he is authorised as a licensed person to sell any inl
eating liquor which he is not in fact duly authorist
sell. Every person who acts in contravention ci
provisions of this section shall be liable to a penalt^
exceeding for the first offence ten pounds, and
exceeding for the second and any subsequent d
twenty pounds.
The -words within brackets were inserted by the licensSii
1874, section 28.
This section makes it the duty of the party licensed to a]
the licensing justices for information as to what form and i
of publication they have directed. But if none is directed
party is nevertheless forbidden to state that he sells any 1
nquor which he is not in fact authorised to sell, and he wil
the penalty for this mis-statement alone. It will be f
justices to decide, as matter of law, whether the words or
"import" that the person sells other liquors than he is ent
do. In general before conviction the person is entitled tc
from the lustices, who should lay down some general rule
subject, clear and minute, so that parties may be able to i
with it. Should the license be a six-day license, there n
words indicating that such license is for six days only. S
tion 49, post. And if the license is an early closing licen
must be stated. See Act, 1874, section 7, post The not 1
up of the name and license is a continuing offence.
The obligation to " keep fixed " implies the duty to reu
words if defaced.
As to who are the licensing justices in this and other »
see section 74 (definition of tnose words) and notes diereoi
Act, 1874, section 6, and notes.
Offences against Public Order.
12. Penalty on persons found drunh.'] :
person found drunk in any highway or olher
place, whether a building or not, or on any li<
premises, shall be liable to a penalty not exc<
ten shillings, and on a second conviction wi^
35 & 36 VICT, 0. 94, s. 12. 21
«riod of twelve months shall be liable to a penalty Sect 12.
»t exceeding twenty shillings, and on a third or sub-
qnent conviction within such period of twelve months
^ liable to a penalty not exceeding forty shillings.
Every person who in any highway or other pnblic
lace, whether a building or not, is guilty while dnmk
: riotous or disorderly behaviour, or who is drunk
Idle in charge on any highway or other public place
* any carriage, horse, cattle, or steam-engine, or who
drunk when in possession of any loaded jBre-arms,
ay be apprehended, and shall be liable to a penalty
yt exceeding forty shillings, or, in the discretion of
B court, to imprisonment, with or without hard labour,
r any term not exceeding one month.
Where the court commits any person to prison for
Kn-payment of any penalty under this section, the
turt may order him to be imprisoned with hard
ixmr«
Hub section applies to premises having an occanonal license :
oeusing Act, 1874, section 20.
By section 60 a justice who is a brewer, &c., may take part in
) oisposal of cases under this section if the offence do not relate
TOemises in which he is interested as defined by that section.
rhe statute 21 Jas. 1, c. 7, as to drunkenness, being repealed
tibe second schedule, this section is now the general enactment
lUng with the punishment of drunkenness.
PubUo placeJ] The words " or other public place, whether a
Oding or not," coming after the word "highway," confine this
enee to a highway, or a street, or a buildmg like a market or
ov where the public have a right to be. The words " public place "
V6 been held to include a railway carriage while carrying pas-
igen: Langnshv. Archer, 10 Q. R D. 44; 47 J. P. 295; 47 L. T.
S» The description of place here given is not (][uite so extensive
tibe words ^ place of public resort," used in section 9, which have
BOi held, for example, to include a railway station : Ex parte
M^ 2 H. & N. 149 ; 21J. P. 280; 26 L. J. M. C. 178 ; a house
an auction was held: Sewdl v. Taylor, 7 C. B. (n.s.) 160;
22 LIOBKSING ACT, 1872, s. 12.
Found Drunk.
Seet. 12. 23 J. P. 792 ; 29 L. J. M. 0. 50 ; and also an alehouse itself: i
T^"~l V. Gmbltm, 2 E. & E. 695; 29 L. J. M. C. 126; 2 L. T. 216; 8 W
-woTB. 412 ; 24 J, P. 596. If the party is drunk in the licensed pi«ni
he is now expressly made Hable by this section; but if he is fof
drunk in a place merely of public resort, not being a highwe;
street, or some enlargement thereof, and ejvsdem generis^ then
penalty is not incurred,
Drunic and riotous, dc,'\ The only exceptions wheie
offence may be committed, tnough not on a highway, or st
or public place, are where the person is in possession of la
fire-arms when drunk, and where he is drunk on licensed pi^
Probably, it was not intended that the offence as to fiien
should be on a different footing from the others, but owin
the position of the clause in the sentence, this offence nur
committed anywhere, whether in a public place or in a ]^
house or ground. Aiid there is nothing to require any evid
of any person being endangered by the drunken man.
The Highways and Locomotives Act, 1878, 41 & 42 Vict, c
s. 26, the Municipal Corporations Act, 1882, 45 & 46 Vict (
s. 23, and the Local Government Act, 1888, 51 & 52 Vict c
8. 85, having all been passed since the Licensing Act, 1872
question whether this word " carriage " includes a bicycle, &
not affected b^ those Acts ; and it has not yet been *dec
whether " carnage," as used in this 12th section would inclt
bicycle. See Taylc/r v. Goodmuy 4 Q. B. D. 228; 43 J. P. 65S
L. T. 458; 48 L. J. M. C. 104; 27 W. K. 489.
Found drunk,] The penalty is incurred if the person is fi
drunk '' on any licensed premises," that is to say, m an aleht
or any house mentioned in the Wine and Beerhouse Acts, &&.
for which a license is in force either for consumption on or ol
premises. See section 74. If he is found drunk in unlice
premises he incurs no penalty. If he is drunk in licensed pien:
but is not " found " in the state of drunkenness, he escapee
penaltv. It seems not necessary that he should be " founa "
constable, for any one may be the prosecutor, but the pioeec
must *^ find " him drunk at the time. If the drunken person, \n
bein^ found, has staggered out of the licensed premises inl
adjoining field he wiUalso escape the penalty. And if the lioe
premises are his own house, the drunken person would obvio
not be liable, except he was found drunk during open boon
in the public part of the premises : Lester v. TorrenSy 2 Q. I
403; 41 J. P. 821; 26 W. fe. 691; 46 L. J. M. C. 28a
A person " found drunk " imder the first paragraph of tlie
tion cannot be apprehended by a constable under the autlu
35 & 36 VICT. c. 94, s. 13. 28
oCthis Act, tlioiigh a constable, or indeed any private person, Sect. 12.
Jottld be jnstifiea in taking a drunken person into any bouse or jqZZm
ption to teep bim out of cbnger, so long as be is not imprisoned -"^^^
wroin against bis 'will ; and a drunken person generally bas not
• **will'' until be becomes sober. Tbose found under the second
Jimaapb, including a drunken person in possession of fire-arms,
^y be apprebended. Tbere may, however, be power to appre-
iifflid given by other Acts in bofli cases : see the Towns Police
Chwes Act, 10 & 11 Vict, c 89, s. 29; the Metropolitan Police
■M 2 & 3 Vict c. 47, s. 68; and the City of London Act, 2 & 3
TkL c xdv. s. 37.
Pwdshment.'] The offences in the first and second paragraphs
■nut be kept separate, and a person charged with one cannot be
mud guilty of another (Jlfarein v. PMgem, 1 E. & E. 778; 7
W. B. 412; 28 L. J. M. C. 179; 23 J. P. 630; Loadman v. Gragg,
10 J. P. 743X unless the justices amend the summons and adjourn
fte bearing ; or unless the defendant has waived the objection by
qnearing and taking part in defending himself: R, v. Hughes^
I Q. B. C.''614 ; 43 J. P. 556 ; JB. v. Fletchery 40 L. J. M. C. 128 ;
BO J. P. 789; L. R 1 C. C. R 320; E. v. Fletcher, 48 J. P. 407.
1 single justice can dispose of the charges in the first paragraph.
lee section 51. The length of imprisonment for default of pay-
noit of penalty tmder the first part of the section will be accord-
ng to the Summary Jurisdiction Act, 1879, 42 & 43 Vict. c. 49,
L ft. Where the punishment under the second clause is imprison-
ttent merely, the commitment will be under 11 & 12 Vict. c. 43,
I. S4^ and the form in Summarv Jurisdiction Eules, 1886.
The words " on a third or subsequent conviction," must be read
rillL the words implied "for the same offence under this Act."
bid the person's conviction may be proved by a certified extract
faaa the register kept by the clerk of the convicting court
att & 43 Vict c. 49, s. 22), or in some cases by a certified copy
fiom this register of licenses : see section 58, post,
X3. Penalty for permitting drunkenness.^
If any licensed person permits drunkenness or any
riblent, quarrelsome, or riotous conduct to take place
m his premises, or sells any intoxicating liquor to
itqr dnmken person, he shall be liable to a penalty not
gacaeeding for the first offence ten pounds, and not ex-
ww<|iTig for the second and any subsequent offence
bwenirj^ pounds.
24 LICENSING ACT, 1872, s. 13.
Permitting Drunkenness.
Sect. 13. [Any conviction for an offence under this
shall be recorded on the license of the person coi
nnless the convicting magistrate or justices shall
wise direct.]
The offence may be committed in premises having an oc
license : Licensing Act, 1874, section 20.
Permitting or selling.'] The offence here is in terms
to a licensed person who permits or sells. Where t
evidence was that a person had been drinking in a
house, and three-quarters of an hour later was found dri
ditch about 100 yards distant, it was held that there m
evidence on which the Justices might convict the keepi
licensed house under this section: ExpaHe EtheUtane^
(n.s.) 339 ; 40 J. P. 39. Where the customer is reall
the license holder cannot set up the defence that he
potman considered the ciistomer not to be drunk, or at 1<
it was veiy doubtful whether he was so, for the risk
covering the fact rests with the license holder: Ou/nd
Coccu 13 Q. B. D. 207; 48 J. P. 599; 53 L. J. M. C.
L. T. (N.s.) 265 ; 32 W. R 769. Moreover, if a drunl
and a sober man enter together, and the latter ordei
for both, this will be deemed a selling to the dronkc
SccUchard v. Johnson, 57 L. J. M. C. 41 ; 52 J. P. 389.
same time, to permit implies that there was power to ]
and if a customer becomes drunk, but not from the €
drink given in the house, the license holder cannot be de
permit it. A licensed person cannot be convicted under
tion for being drunk on his own premises, for a ny charge
kind must be made under section 12, amte: Trarden i
C. P. D. 74; 41 J. P. 120; 46 L. J. M. C. Ill; 36 L.
852.
LidbiUty for manager* s a/its,'\ Any servant, wife, or:
of the house will not be liable to be convicted for d<
acts here prohibited; but they may make the license
liable, and may themselves also in some cases be conv
aiders and abettors, imder 11 & 12 Vict c. 43, s. 5:
V. StvaH, 32 L. J. Q. B. 311; 3 B. & S. 913; 27 J.
8 L. T. 277 ; and their acts will render the licensed perso
unless there is strong evidence that the latter gave ezpra
to the contrarv, and did what he could to enforce hie
The courts will hold this to be one of the excepted cases
35 & 36 VICT. c. 94, s. 13. 25
Liability for Maruiger,
le master is responsible crimiiially for the act of his servant or Sect. 13.
HBOia&er ; if it be held otherwise, the statute may be very easily tj^^
radeo. It may be reasonably assimied that the law requires
Sooe responsible person to be always on such premises, and in
barce of them, who represents the master in the conduct of
be house ; and though a master is not usually responsible for
lie crimes of his servant, this may well be deemed to be an
Inception; and it has been so held in cases under sections 15,
1% and 17. See notes to those sections. In some cases, where the
fcdone bja servant is done for the master's benefit in the course
:the busmess, and causes a nuisance either to an individual or
e public, the master, though taking no part, may be indictable
iiespect of the act done : R, v. S&phms, L. R. 1 Q. B. 702; 35
J. M. C. 251 ; 14 L. T. 593; 14 W. R 859; 30 J. P. 822. In
Acts, such as the Cattle Diseases Act, the Bread Act, the
rmaances Removal Act, the Mines Act, cases have occurred
Irldich have been mostly decided according to the general rule
Ikife the master is not liable if the servant alone, without the
■ttter's knowledge or acainst his express orders, has committed
ke act prohibiten At the same time, there must be some one on
ioenBed premises to conduct the house, and the master must in
bit view be the person liable for acts done knowingly by the
ervant or manager in contravention of many of these enact-
Bents. See a case of a chimney sending forth black smoke, the
ervant having lighted the fire, and the master was held liable :
loTMS V. Ahriyd, L. K 7 Q. B. 474; 41 L. J. M. C. 110; 36 J. P.
80; 26 L. T. 437 ; 20 W. R. 671. On the other hand, if the
larter has done all in his power to make a furnace consume its
wn smoke, and has appointed a careful servant, he is not liable :
%Molm y. DwlUm, 22 Q. B. D. 736; 53 J. P. 292 ; 58 L. J. M. C.
|ti So where a baker was held not liable for alum being in bread,
■tther baker nor servant having any knowledge of it : Core v.
M«% L. R. 7 Q. B. 135 ; 41 L. J. M. C. 19; 36 J. P. 519. See
ease of a servant neglecting to disinfect premises, and the master
dd liable : Sea/rU v. E&yndds, 7 B. & S. 704 ; 14 L. T. 518 ; 31
• P. 4 ; 22. V. Handley, 9 L. T. 827. It is absolutely necessary that
lore shoidd be some evidence of knowledge on the part of the
uwter or servant^ as was hdd where the servant of Hi, by direc-
jim of a customer of H., placed a portable steam engine in a
Ifloe prohibited by statute, and the master was not liable:
ImrUon v. Leaper, 5 L. T. (n.s.) 640; 26 J. P. 373.
la a conviction under this section it will not be necessary to
ate the names of the persons who were permitted to be drunk :
Tngjf ▼. Tohe, 17 L. J. M. C. 183 ; 12 Q. B. 492.
Tm second and third offence need not be for precisely the same
56 LICENSING ACT, 1872, s. 14.
Harbouring Prostitutes,
3ecL*13. offence as the former. Thus, one majbe for permitting dinnh
' — ness, another may be for permitting quarrelsome cdndncli
JiOTE. riotous, &c. But the offences must «Q1 oe under this seetki
the Licensing Acts.
The part within brackets was repealed hj Licenfiing Aet, 11
section 33 ; but see that Act, section 13. The justices nuj oi
this conviction to be recorded.
14. Penalty for keeping disorderly Aoitti
If any licensed person knowingly permits his p
mises to be the habitual resort of or place of meeii
of reputed prostitutes, whether the object of their 80
sorting or meeting is or is not prostitution, he shaD
he allow them to remain thereon longer than is nee
sary for the purpose of obtaining reasonable refa
ment, be liable to a penalty not exceeding for the 1
offence ten pounds, and not exceeding for the seo
and any subsequent offence twenty pounds.
[Any conviction for an offence under this sec
shall, unless the convicting magistrate or justices s
otherwise direct, be recorded on the license of the
son convicted.]
This offence may be equally committed while there i
occasional license for the place : Licensing Act, 1874, section
The part within brackets was repealed by Licensing Act, ]
section 33; but see that statute, section 13. The justices
order this conviction to be^recorded.
A penalty is also imposed by the Towns Police Act, 10
Vict. c. 89, s. 35, for suffering prostitutes or thieves to assei
which applies to alehouses : dole v, GouUon, 2 E. & E. 692
J. P. 596 ; 29 L. J. M. C. 125 ; 2 L. T. 216 ; 8 W. R. 412.
The same remarks as were made in the notes to the 13th se
apply to the above 14th section as regards the liability e
licensed person for his servant or manager disobeying the stc
except that owing to the word "knowingly" being here
the evidence of knowledge ought to be much more cogei
order to make the master Hable for his servant or mam
knowledge.
35 & 36 VICT. 0. 94, s. 14. 27
Harhov/ring Thieves.
t of Prostitutes,] In order to prove the offence it must Sect. 14.-
i : (1) That the licensed person, or at least his manager, jr^™
J women were reputed prostitutes, and the justices will
nto the grounds of belief of witnesses as to this evil
u ; (2) That he allowed them to remain longer than
for reasonable rejfreshment, which is partljr a matter of
Cy the nature of the meal or refreshment bemg generally
materials for showing whether they remained longer
necessary for its consumption.
are previous cases on the subject, under similar enact-
f Greig v. Bmdino, E. B. E. 133 ; 27 L. J. M. C. 294 ;
Htuctdble, 1 E. & E. 780; 28 L. J. M. C. 221 ; Wliitjield
'id^e, 30 J. P. 644. The constable having seen pros-
eviously in the house is some evidence of the keeper's
le of their character : Parker v. Greeuy 2 B. & S. 299 ; 31
1 133; 26 J. P. 247 ; 10 W, R. 316 ; Belasco v. Hannant,
13; 31 L. J. M. C. 225; 26 J. P. 823; 6 L. T. 577; 10
57; Cole v. Coulton, 2 E. & E. 695; 29 L. J. M. C. 125;
►96; 2 L. T. 216; 8 W. R. 412. The cases show that
ia are entitled, like other people, to refreshment, and
onot be reasonably implied irom the fact of the licensed
pplying them with refreshment that he permits them ta
m an imlawful manner.
ction has been considerably altered in its language from
)us enactments. Unless the woman has remained longer
emises than is necessary for the purpose of refireshment^
that, though her object may be prostitution, yet the
iU not be incurred by the Ucensed person tUl the time
efreshment has ceased. It is only after that time that
ining on the premises can be inquired into; but for
pnxpose she is there after that time is immaterial. And
not resort for refreshment at all, then if the landlord
to remain for any length of time, however short, he will
to the penalty. The licensed person has power to turn
nder the 18th section, and if he fiedls to do so he will run
f the penalty.
»t essential that the prostitutes who " meet " should be
persons; it is enough that persons of their class fre-
ome to the house, and that one is there, though for the
\, if known as to character. And in any summons or
1 it is not necessary to name the disorderly persons:
foJbe, 12 Q. B. 492 ; 17 L. J. M. C. 183 ; 12 J. P. 804.
tu/re of license for harbouring thieves, dc] A
SLunposed on keepers of licensed houses for harbouring
ic., of a kindred character to the above.
28 LICENSING ACT, 1872, s. 14.
Harbouring Thieves.
Sect. 14. The Prevention of Crimes Act, 1871, 34 & 35 Vict c. 112,
^j^~ enacts as follows: — Every person who occupies or keqps
• lodging-house, beerhouse, public-house, or other houfie or
where intoxicating liquors are sold, or any place of puhlie <
tainment or public resort, and knowingly lodges or knoii
harbours thieves or reputed thieves, or knowingly soffen
to meet or assemble therein, or knowingly allows the depc
goods therein, having reasonable cause for believing them
stolen, shall be guilty of an offence against this Act, and be
to a penalty not exceeding ten pouncU, and in default of piQ
to be imprisoned for a period not exceeding four months, w
without nard labour, and the court before which he is bz
may, if it think fit, in addition to or in lieu of any pe
require him to enter into recognizances, with or without sa
and if in Scotland to find caution, for keeping the peace or
of good behaviour during twelve months : provided that —
(1) No person shall be imprisoned for not finding suxei
cautioners in pursuance of this section for a longer
than three months ; and
(2) The security required from a surety or cautioner shi
exceed twenty pounds :
And any license for the sale of any intoxicating liquors,
keeping any place of public entertainment or public resort,
has been granted to the occupier or keeper of any such, ho
place as atbresaid, may, in the discretion of the court, be fo
on his first conviction of an offence under this section, and
Becond conviction for such an offence his license shall be fo
and he shall be dis(]^ualified for a period of two yean
receiving any such license ; moreover, where two conv
imder tms section have taken place within a period of thiet
in respect of the same premises, whether the persons coi
were or were not the same, the court shall direct that for i
not exceeding one year from the date of the last of such <
tions no such license as aforesaid shall be granted to any
whatever in respect of such premises ; and any license grai
•contravention of this section shall be void.
Any licensed person brought before a court in pursofl
this section shall produce hislicense for examination, and i
license is forfeited shall deliver it up altogether, and i
person wilfully neglects or refuses to produce nis license h<
in addition to an^ otlier penalty under this section, be lia
summary conviction to a penalty not exceeding five pounds
56 Vict c 112, s. 10.
Any person convicted under 34 & 35 Vict c. 112, & IC
35 & 36 VICT. c. 94, s. 14. 2^
SeditioTis Meetings, dc,
M of appeal against such conviction in the same manner Sect. 14-
pects as a person may appeal who feels aggrieved by a ^qte.
L made by a court of summary conviction under the
Act, 1872, and all the provisions of such last-mentioned
f any Act amending the same relating to an appeal from
on made by a court of summary jurisoiction under such
^oned Act shall apply accordingly : 39 & 40 Vict c. 20,
3 consequence of tnis last enactment is that a convicted
ist appeal to the quarter sessions of the borough or city
> the county sessions as he would do in case of a refusal
ral or transfer of a license. See section 52 of Licensing
jposU
me of proving a previous conviction is set forth in 34 & 35
L12, s. 18. The proceeding to convict is under the
• Jurisdiction Act, section 17. See also the provision
abject in 42 & 43 Vict. c. 49, s. 22, in notes to 50th
Licensing Act, 1872, post.
ing by circular at an alehouse to get up a subscription
rife and children of a convicted thief, several thieves
the company, is an assembling of thieves within this
Marshall v. Pox, L. R. 6 Q. B. 370 ; 24 L. T. (n.s.) 751 ;
H. C. 142 ; 19 W. JR. 1108 ; 35 J. P. 631.
'iv/re of license for holding seditious meetings.]
e lawful for any two or more Justices of the peace acting
ounty, stewartry, riding, division, city, town, or place,
ience on oath that any meeting of any society (or club),
Kslared to be an unlawful combination and confederacy
Beting for any seditious purpose hath been held after the
t this Act, at any house, room, or place licensed for the
e, beer, wine or spirituous liquors [with the knowledge
mt of the person keeping such house, room; or place], to
ad declare the license or licenses for selling ale, beer,
pixituous liquors granted to the person or persons keeping
je, room, or place to be forfeited ; and the person or per-
^eping such house, room, or place shall from and after the
lie date of such adjudication and declaration be subject
e to all and every the penalties and forfeitures for any
after that day wMch such person or persons would he
y if such license or licenses had expired or otherwise
3d on that day : 39 Geo. 3, c. 79, s. 14. There is now
cJar form of adjudicating the forfeiture of such license :
rict. c 43. The above 14th section of 39 Geo. 3, c. 79,
d in identical words (but including the words in brackets),
itate 57 Geo. 3, c. 19.
30
LICENSING ACT, 1872, S. 14.
Music aiid Dancing Licenses,
^ect. 14. Other similar offences by license holders,] The
Note, which may be committed by license holders in refeience to (
and betting are set forth in the Licensing Act, 1872, aec^j
and notes, post, A cock fight took place in a bowling aHey
public-house, and the court held that the keeper could BOl
convicted under the Cruelty to Animals Act, 12 & 13 Vict t\
s. 2, of assisting as it was not a place kept for such '
Clarke v. Hague, 24 J. P. 517 ; 29 L. J. M. d 105 ; 2 R ^
8 W. K. 363 ; Morley v. Greenhalgh, 3 B. & S. 374; 32 L J.
93 ; 7 L. T. 624 ; 11 W. K. 263 ; 27 J. P. 197.
There are also offences by keepers of licensed hooseB
wages paid in public-houses. See post, 46 & 47 Vict. c. 31, 8.
notes, where offences as to holding polls and election com
rooms in public-houses (16 & 17 Vict. c. 68, s. 6 ; 46 &47
c. 51, s. 20 ; 47 & 48 Vict. c. 20, s. 16) are collected.
For public entertainments on Sunday, see 37 & 38 Vict ei
s. 3, and notes, post.
Unlicensed music and dancing places deemed dii
houses,] Whereas the multitude of places of entertainment fej
lower sort of people is another cause of thefts and robberies, iff
are thereby tempted to spend their small substance in "^"^
pleasures, and in consequence are put on unlawful metil
supplying their wants, and renewing their pleasures : In
therefore to prevent the said temptation to tnefts and ]
and to correct as far as may be the habit of idleness,
become too general over the whole kingdom, and is pi
of much mischief and inconvenience : Be it enacted
authority aforesaid, that from and after the 1st day of
1752, any house, room, garden, or other place kept for _
dancing, music, or other public entertainment of the like
in the cities of London and Westminster, or within twaUjf
thereof, without a license had for that purpose, from
preceding Michaelmas quarter sessions of the peace, to be
lor the county, city, ndins, liberty, or division in 'which
house, room, garden, or other place is situate (who are
authorised and empowered to grant such licenses as they in
discretion shall think pro{)er), signified under the hands and i
of four or more of the justices there assembled, shall be d«
disorderly house or place ; and every such license shall be
and sealed by the said justices in open court, and afterwa
publicly read by the clerk of the peace, together with the
of the justices subscribing the same ; and no such license dilH^
granted at any adjourned sessions ; nor shall any fee or
be taken for any such license ; and it shall and may be lawMi
robl
35 & 36 viOT. 0. 94, s. 14. 31
Music and Dancing Licenses.
for any constable, or other person, being thereunto authorised^ Sect. 14.
variant under the hand and seal of one or more of His -Sotk.
Bsty's justices of the peace of the county, city, riding, division,
iberty where such house or place shall be situate, to enter
1 lionse or place, and to seize every person who shall be found
eiiiy in order that they may be dealt with according to law :
every person keeping such house, room, garden, or other
ie, wi&out such license as aforesaid, shall forfeit the sum of
L to such person as will sue for the same, and be otherwise
Jshable as the law directs in cases of disorderly houses : 25
I. 2, c. 36, s. 2.
!liough this statute is confined to the metropolitan district yet
it of the Local Improvement Acts of the large towns in the
ntxy contain an enactment nearly in the same words.
I'otwithstanding the above Act, the Secretary of State or the
miralty may give authority to manage or conduct any recreation
m for public dancing, music, or otiier public entertainment
liout any license : 52 Vict c. 3, s. 7.
tiieensed rrmsic and dancing places to have an inscription
}T them,li Provided always, and it is hereby further enacted
the authority aforesaid, that in order to give public notice
ftt places are licensed pursuant to this Act, there shall be
jfced and kept up in some notorious place over the door or
Stance of every such house, room, garden, or other place kept
toy of the said purposes, and so licensed as aforesaid, an
'^"iption in large capital letters, in the words following :
ieet, " Licensed pursuant to Act of Parliament of the twenty-
of King Geoige the Second ;" and that no such house, room,
or other place, kept for any of the said purposes, fdthough
as aforesaid, shall be open for any of the said purposes
the hour of [noon] ; and that the afl&xing and keeping up
inscription as aforesaid, and the said limitation or restric-
point of time, shall be inserted in, and made conditions o^
'such license ; and in case of any breach of either of the
emuditions, such license shall be forfeited, and shall be
" by the justices of peace in their next general or quarter
and shall not be renewed ; nor shall any new license be
to the same person or persons, or any other person on his
or any of their behalf, or for their use or benefit, directly
tlldiieGtly, for keeping any such house, room, garden, or other
ato any of the purposes aforesaid : 25 Geo. 2, c 36, s. 3.
woird in brackets was substituted by 38 & 39 Vict c. 21, s. 1
ibdow.
32
LICENSING ACT, 1872, S. 14.
Sect. 14.
Note.
Music and Dancing Licenses.
Where a music and dancing license has been granted ni^
Geo. 2, c 36, the inland revenue are not bound to grant a "
under 5 & 6 Will. 4, c. 39, s. 7, to the proprietors to sell
therein as the exemption from the necessity of a justices^
conferred by the Licensing Act, 1872, s. 72, applies o
theatres but not to places of public entertainment : 22. v. Jii
Revenue, 21 Q. B. D. 569 ; 52 J. P. 390 ; 57 L. J. M. C. Wj
L. T. 378 ; 36 W. R. 696.
Theatres excepted,] Provided always, that nothing in
Act contained shall extend, or be construed to extend, to'
theatres royal in Drury Lane and Covent Garden, or the "
commonly called the King's Theatre in the Haymarket, or
of them ; nor to such performances and public entertainnwrti!
are or shall be lawfully exercised and carried on under or by vil^
of letters patent, or license of the Crown, or the license oC
Lord Chamberlain of His Majesty's Household ; anything '
contained notwithstanding : 25 Geo. 2, c. 36, 8. 4.
The rules as to theatre licenses are stated in notes to
Act, 1872, s. 72, post.
Time of keeping open music and dancing rooms ^ ?y<
Public Entertainments Ad, 1875, 38 Vict. c. 21, s. 1, eecf^
of the recited Act, 25 Geo. 2, c. 36, shall be construed
instead of the proviso, ''that no such house, room,
or other place Kept for any of the said purposes, i
licensed as aforesaid, shall be open for any of the said
before the hour of five in the afternoon," there were sul
the proviso '' that no such house, room, garden, or other
kept for any of the said purposes, although licensed as afon
shall be open for any of the said purposes before the botf
noon." Provided, that if on any special occasion an oc "*""
license of exemption shall have been granted under the
ninth section of the Licensing Act, 1872, in respect of any
room, garden, or other place licensed under the recited Ael| I
penalty or forfeiture shall be incurred for contravention of 8""^
3 of the recited Act, as hereby amended, on account of such!
room, garden, or other place being kept open for any of
purposes aforesaid on such special occasion m)m midni^it XL
the hour specified in such occasional license as thenonr
closing : 38 Vict. c. 21, s. 1.
Ma>ce-course licenses,'] All race-courses within ten milefi
Charing Cross must be licensed pursuant to 42 & 43 Vict. e.
£. 2. And the application for a license must be made to
35 & 36 viOT. 0. 94, s. 14. 33
Music and Dancing Licenses, Sect. 14.
the Michaelmas quarter sessions in the same maimer Nots.
sic and dancing licenses : section 4. A horse-race not
I is deemed a nuisance : section 7.
es by county council,] The licensing of houses for
dancing and race-courses was transferred to the county
)1 & 52 Vict c. 41, s. 3.
mu^ic and dancing rooms require licenses.] The
1 dancing license does not authorise stage plays, as
lire the theatre license : Levy v. Yates, 8 A. & E. 129 ;
mpsorij 18 C. B. (n.s.) 680 ; 34 L. J. M. C. 149 ; 13
\ ; 12 L. T. 386. As to theatre license, see post, section
tes.
truing this Act of 25 Geo. 2, c. 36, and similar Acts, it
held that some habitual use or several instances of so
premises must he shown in order to render a Ucense
: Marks v. Bevjamiuy 5 M. & W. 565. Thus, an
concert given in a licensed theatre on Ash Wednesday
bin this Act : Syers v. Conquest, 37 J. P. 342 ; 28 L. T.
V. K. 524 ; nor a room where a lecture and sacred music
; Baxter v. Lam^ley, 32 J. P. 805 ; 38 L. J. M. C. 1.
iry dancing school does not require a license : Bellis v.
2 Esp. 722. A temporary use of a room for dancing on
ion of a festival does not require a license : Shutt v.
Ssp. 128 ; Gregory v. Tuffs, 6 C. & P. 271, 281. But it
uce that the dancing was in a public-house which had
bouse license : Green v. Botheroyd, 3 C. & P. 471 ; nor
lancing was kept comparatively private : Clarke v. Searle,
; nor that no money was chafed for admission, being
a a public-house : Archer v. W'aldegrave, 4 Esp. 186 ;
. Tuffs, 6 C. & P. 271 ; Frailing v. Messenger, 16 L. T.
' ; 31 J. P. 423. And a room kept for public dancing
without a license is a disorderly house though no dis-
r improper conduct is allowed : B, v. Wolfe, 13 J. P.
3 music license may be granted separately firom the
Lcense : Brown v. Nugent, L. R. 6 Q. B. 693 ; 40 L. J.
ff; 26 L. T. 880; 20 W. R 89 ; 36 J. P. 22. It is
il that the house or room was not kept exclusively for
BeUis V. Beal, 2 Esp. 592. If the music or dancing is
rto something else, and is no substantial part of the
nent, a license is not required : Quaglieni v. Mathews, 6
74 ; 34 L. J. M. C. 116 ; 29 J. P. 439 ; Hall v. Green,
r ; 23 L. J. M. C. 15. A skating rink with band of
ties within the statute, for the music was as important
D
34 LICENSING ACT, 1872, s. 15.
Sect. 14. as the Bkating, and skatmg was ejusdem generis witli
T^ — K V. Tucker, 46 L. J. M. C. 197 ; 41J. P. 294 ; 2 Q. I
^^^^- 36 L. T. 478 ; 25 W. R 697.
If a local Act say a dancing house shall not be kept
license, the justices will act rightly by granting a liceni
one year : Hoffmann v. Bond, 40 J. P. 5 ; 32 L. T. 775
One penalty only is recoverable, though several pei
have occurred within six months on separate days :
Messenger, L. R. 2 C. P. 583 ; 36 L. J. C. P. 337 ; 31 1
10 Cox, 498.
15. Penalty for permitting premises
brothel, j If any licensed person is convictei
mitting his premises to be a brothel he shall
to a penalty not exceeding twenty pounds, i
forfeit his license, and he shall be disqualified
from holding any license for the sale of int
liquors.
This enactment seems impliedly to confer a juris
justices to convict the keeper of a licensed house in a
way of an offence which is otherwise indictable at coi
As to a case of implied jurisdiction under the former '
Diseases (Animals) Act, see Gullen v. Justices of Lancash
Q. B. 416; 37 J. P. 115; 41 L. J. M. C. 132; 26 L. T. 691
691 ; Johnson v. Colam, L. R. 10 Q. B. 544; 40 J. P. 13
M. C. 185; 32 L. T. 725; 23 W. R. 697.
The same kind of evidence seems to be required
section as in the case of a person being indicted for
brothel, but according to section 59, either remedy i
sorted to with this qualification, that if one remedy I
the party cannot be punished again for the same oi
regards the evidence necessary to prove the offence
material that there was no outward sign of indecency:
L. R. 1 C. C. R. 21 ; 35 L. J. M. C. 93 ; 13 L. T. 382
66 ; or that there was no actual disorderly conduct
Bendeno, K B. E. 133; 27 L. J. M. C. 294. If there i
tion, the forfeiture and diso^ualification follow of cours
excise license is also, by section 63, forfeited. One com
the forfeiture is, that no new tenant can apply either fo
or a renewal of the license, the forfeiture dating from 1
tion : R, v. West Riding J J, 21 Q. B. D. 258 ; 62 J. ]
L. J. M. C. 103; 36 W. R. 258.
35 & 36 VICT. c. 94, s. 16. 35
ere a licensed \ n or his manager permits people to use Sect. 15.
^mises for purposes of prostitution once, this is some evi- .^ —
to support the charge ol permitting the premises to be used Notb,
rothel: B. v. Justices of Parts ofMolland, 46 J. P. 312. In
ae the constable, who was the prosecutor, refused to say
he was standing when he discovered that the place was
8 a biotiiel, and me court held that he was bound to answer
3S-examination as to this, as it had an important bearing on
dibility : TFebb v. CatchUyoe, 50 J. P. 795.
\ ofifence may be committed on premises having at the time
monal license : Licensing Act, 1874, section 19.
mdnal Law Amendment Act offences,"] The Criminal
imendment Act, 1885, 48 & 49 Vict. c. 69, s. 13, declares
irly the same words as the above that any person who,
the occupier of premises, knowingly permits such pre-
ko be used as a brothel, shall be liable, on summary con-
i, to a penalty of 20Z. or three months' imprisonment with
abour. The only difference is the word "knowingly" in
3t enactment.
ugh formerly a landlord could not be indicted for keeping
dyhouse merely because he did not give notice to quit to
at using the premises for such a purpose (B, v. Stannard,
C. 349; 33 L. J. M. C. 61; 9 L. T. 428; 12 W. R. 208;
P. 20; B. V. Ban-eU, 1 L. & C. 263; 32 L. J. M. C. 36; 7
135; 11 W. R. 124), yet now a landlord who lets [or relets]
ach knowledge may be convicted summarily : 48 & 49 Vict.
3. 13 ; Sandford v. Glarkey 21 Q. B. D. 398 ; 52 J. P. 773.
lie procedure now against keepers of brothels may be either
ictment or summary : Kerwin v. Hines, 52 J. P. 230.
J, Penalty for harbouring constable.^ If any
led person —
I Knowingly harbours or knowingly suffers to
remain on his premises any constable during
any part of the time appointed for such con-
stable being on duty, miless for the purpose
of keeping or restoring order or in execution
of his duty ; or
I Supplies any liquor or refreshment, whether by
way of gift or sale, to any constable on duty
d2
36 LICENSING ACT, 1872, s. 17.
Sect. 16. unless by authority of some superior offi
such constable ; or
(3) Bribes or attempts to bribe any constable,
he shall be liable to a penalty not exceeding, fc
first offence ten pounds, and not exceeding fc
second or any subsequent offence twenty pounds.
coilviction for an offence under this section shall, i
the convicting magistrate or justices shall oihe
direct, be recorded on the license of the person
victed.]
This offence was formerly confined to the circumstances
in the 1st sub-section, and the penalty was only 20«. : 22
c. 27, s. 39. The two last sub-sections increase the stringe
the punishment. Now a licensed person cannot lawfully «
constable, while the latter is on duty, with any refreshment^ >
on the order of a superior officer. A constable will be i
execution of his duty in assisting to exclude drunkards
section 18, post, or in demanding the names of persons unUr
on the premises under section 25, post, or in preventing or <
ing offences under Act, 1874, section 140, post
If a servant or manager of the premises knowingly s
constable on duty the master may be convicted, though j
ally having nothing to do with the matter : MvMvns T. (
L. R. 9 Q. B. 292; 43 L. J. M. C. 67; 29 L. T. (n.s.) 81
W. R. 297 ; 38 J. P. 629. But in all cases either the mtt
servant must know that the person is a constable on dut]
his being in uniform, and not being asked if he was on dat
is good pnmd facie evidence of such knowledge. See alsc
on this subject to sections 13, 14, 15, ante, and section 17, 1
There are similar enactments in 2 & 3 Vict. c. 93, & 1<
10 & 11 Vict. c. 89, s. 34.
The offence may be committed on premises haying oo
occasional license : Licensing Act, 1874, section 20.
The part with/in brackets was repealed by Licensing Ae^
section 33, but see that Act, section 13. The justioes mag
this conviction to be recorded.
17. Penalty for permitting gaming.'] 1
licensed person —
(1) SnfiFers any gaming or any nnlawfal game
carried on on his premises ; or
35 & 36 viOT. 0. 94, s. 17. 37
)p6nS; keeps, or uses, or suffers his house to be Sect 17.
opened, kept, or used in contravention of the
Act of the session of the sixteenth and seven-
teenth years of the reign of Her present
Majesty, chapter one hundred and nineteen,
intituled "An Act for the Suppression of
Betting Houses,"
I be liable to a penaliy not exceeding for the first
ten pounds, and not exceeding for the second
J subsequent offence twenty pounds.
f conviction for an offence under this section
inless the convicting magistrate shall otherwise
be recorded on the license of the person con-
1
>ffence may be committed on premises having an occasionaX
Licensing Act, 1874, section 20.
1st snb-section is substantially the same as the usual clause
righial form of alehouse Hcenses.
ing for money,] The rule is, that no game, however
Q itseK, if played for money, or money's worth, can be
jd in licensed premises. Thus nine-pins or skittles played
' are unlawful: Danford v. Taylor, 20 L. T. (n.s.) 483;
, 612. And it is immaterial whether the beer is drunk
nremises or not : Luffy. Leaper, 36 J. P. 773. So if cards
fed for money : Patten v. Bhymer, 3 E. & E. 1 ; 29 L. J.
59; 24 J. P. 342; 2 L. T. 352; 8 W. K. 496. It is no
tiiat the game such as skittle-pool is said to be mostly a
flikfll, if it is played for money : Dyson v. Mason, 22 Q. B.
58 L. J. M. C. 55 ; 53 J. P. 261 ; 60 L. T. 265. More-
fclie license holder were to lend money to a guest to play
ey, the former could not recover it : Foot v. Baker, 6 Scott
)1; 5M. &Gr. 335.
fofr knowledge of the gaming must be proved,]
game is played without the knowledge of the licensed
)r tiie manager and is a mere casual £rolic, no penalty is
I by him : Avards v. Dance, 26 J. P. 437 . But u the con-
tlhe landlord is such that he leaves the management of the
) a iiervant, and either he or such servant close his eyes to
going on, the landlord will be guilty of the offence, his
38 LICENSING ACT, 1872, s. 17*
Sect. 17. Gaming.
Note, gross negligence or wilful shutting of his own or his mm
eyes being equivalent to " suffering the gaming to he earned
Bosley v. Davies, 1 Q. B. D. 84 ; 45 L. J. M. C. 27 ; 33 L. T.
528 ; 24 W. R 140 ; 40 J. P. 550 ; Redgate v. Haynes, 1 Q.
89 ; 41 J. P. 86 ; 33 L. T. (n.s.) 779 ; 46 L. J. M. 0. 65.
where the manager goes to bed and leaves the house undc
management of " the boots " during late hours, and gamisj
on, the licensed person may be rightly convicted: Orabi
Hole, 43 J. P. 799. And where the skittle-alley was in cha
a separate attendant, who allowed gambling, though di
generally by the license holder never to do so, the latter wi
to be rightly convicted ; Bond v. Evans, 21 Q. £. D. 249 ; 6
613; 57 L. J. M. C. 105; 59 L. T. 411; 36 W. R. 767.
where all that was shown was, that the potman who v
proved to be in charge, saw some gambling and did noth
prevent it, and the master was in another part of the buUdi
knew nothing whatever about the matter, and the justices i
to convict, the High Court held they were right: Sonu
Hart, 12 Q. B. D. 360 ; 53 L. J. M. C. 77 ; 48 J. P. 327.
Some gam£s illegal per se.] There are some gaines
in themselves ; others are illegal only when played for i
See an enumeration of illegal games in Jenks v. Turpin, 13 (J
505 ; 53 L. J. M. C. 161 ; 50 L. T. 808 ; 48 J. P. 489. Thu
and dice are not in themselves unlawful : Allport v. NvUy ]
989 ; 14 L. J. C. P. 272 ; nor dominoes : R v. Ashton, 1 1
286 ; 16 J. P. 790 ; 22 L. J. M. C. 1. The games may be 1
as being mostly games of skill : Bew v. Harston, 3 Q. B. I
47 L. J. M. C. 121; 26 W. R 915; 42 J. P. 808; yet if
for money they are equally gaming : Dyson v. Mason^ supn
Friends of license holder,] The licensed keeper cam
up any exemption from this enactment on the ground th
persons playing at the game were his own private frienc
not customers : Patten v. Rhymer, 3 E. & K 1 ; 29 L. J.
189; 24 J. P. 342; 2 L. T. 352; 8 W. R 496. And thou
Act, 1874, section 30, post, allows him to keep private frie
his house after closing hours, he is still liable imder this sec
he allows them to game: Hare v. Osborne, 34 L. T. (N.a
Osborne v. Hare, 40 J. P. 759 ; Cooper v. Osborne, 35 L. Ti
347 ; 40 J. P. 759.
There is no penalty imposed by this Act on the persoi
may be allowed to game in the house, unless, perhaps, the ji
were to find as a fact that they were on the premises for tJ
purpose of gaming, in which case see section 25, post.
35 & 36 VICT. 0. 94, s. 17. 39
Gaming houses. Sect. 17.
r^E[aTd to bUlia/rds, though an alehouse keeper is exempt Note.
'Vict c. 109, 8. 11, from requiring a special license to
ible, yet if the customers play for money the plav comeH
le description of gaming. As to playing billiards after
ours, see pod, section 75, and notes.
at within brackets was repealed by Licensing Act, 1874,
13; but see that statute, section 13. The justices may
9 conviction to be recorded.
ofld gaming houses,] The question what is an un-
;me under the Gkuning Act, 8 & 9 Vict c. 109, and the
Souses Act^ 17 & 18 Vict c 38, was discussed in Jenks
^ 13 Q. B. D. 506; 53 L. J. M. C. 161 ; 50 L. T. (n.s.)
L P. 489, where the game of baccarat, as played, was
be more a game of chance than of skill, ana illegal.
Rogier, 1 B. & C. 272; 2 D. & Ry. 431, the court said
ming tended to injure public morals it was illegal and
e. And a keeping of a common gaming house was said
gal at common law: R, v. Rice, L. R 1 C. C. R. 21 ;
M. C. 93; 14 W. R 56; 13 L. T. 382. But mere
gaming not in a common gambling house is not un-
Hawkins, J., said that the result of the statutes now is,
3 games are expressly declared to be absolutehr forbidden,
e saming at which a penalty is attached. Such are ace
pnaroah (faro), bassett, and hazard {Mackinnell v. Rohin-
& W. 434), passage, and every other game with a die or
ept backgammon) and roulet (or roly-poly), and any
re game oi chance. The other games are unlawful only
yed in common gamins houses. Thus, bowling, coyting,
J Is, half-bowl, tennis, dicing table, or carding, were un-
1845, after which games of mere skill were said not to
L The Gaming Houses Act, 17 & 18 Vict c. 38, was
[awkins, J., to treat games of chance, or of chance and
hmed, as unlawful ; but that the keeping of a common
lOUBe is in itself a nuisance and indictable.
hment for unlawful gaming houses.] The keeper
jBe for unlawful gaming forfeits 500^. : 17 & 18 Vict.
4. Justices, except in me metropolitan police district,
special warrant authorise constables to enter places in
18 suspected that unlawful games are holden and arrest
found therein: 8 & 9 Vict c. 109, s. 3; 17 & 18 Vict
^ And like provisions are made for the metropolitan
3 & 9 Vict c. 109, ss. 6, 7. The obstruction of constables
led by 17 & 18 Vict c. 38, ss. 1, 2. And persons found
40
LICENSING ACT, 1872, S. 17.
Sect. 17, Betting homes.
Note, in gaming houses are dealt with as set forth in 8 & 9
c. 109 ; 17 & 18 Vict. c. 38, ss. 6, 6.
If two separate acts of betting and keeping of betting books I
proved, this is some evidence of the oflfence of a common
house : Foote v. Butler, 41J. P. 292.
When a person is arrested and brought before a Jnstice ha J
entitled to demand an information and summons befDre
into a defence : Blake v. Beach, 45 L. J. Ill ; 40 J. P.
Ex. D. 320. See R. v. Hughes, 4 Q. B. D. 614, wnte, p. Sa
Parties convicted may appeal to quarter sessions nnder
Summary Jurisdiction Acts, 17 & 18 Vict. c. 38, as. 10, 11; 47^*
Vict. c. 43, sched. And as imprisonment may be ordered foir^
months they may, before the nearing, demand a trial by^"
42 & 43 Vict. c. 49, s. 17. See this Act, 1872, ss. 51, 52,pok
Wagers on games,] All contracts by way of ^aning
wagering are void; but such enactment does not apmy to I
subscription or contribution, or agreement to subscribe <»
tribute, for or towards any plate, prize, or sum of money toj
awarded to the winner or winners of any lawful game,
pastime, or exercise ; 8 & 9 Vict. c. 109, s. 18. This
makes void a wager on a game of billiards, as it is not witfakj
proviso : Parsons v. Alexmder, 5 E. & £. 263. The loser
wager may, before the stakes have been paid over, repudiate
wager and recover his money from the stakeholder: JSotf§
V. Walsh, 1 Q. B. D. 189; Diggle v. Higgs, 2 Ex. D. 4SI;
J. P. 245.
Keeping a betting home,] No house, office, room, or
place shall be opened, kept, or used for the purpose of the
occupier, or keeper thereof, — or any person using the aai
any person procured or employed by or acting for or on
of such owner, occupier, or keeper, or person using tJbe
or of any person having the care or management or in
manner conductii^ the business thereof,— betting with _
resorting thereto; — or for the purpose of any money op val
thing being received by or on behalf of such owner,
keeper, or person as aforesaid, as or for the consideration for
assurance, undertaking, promise, or agreement, express or
pHed, to pay or give thereafter any money or valuable
any event or contingency of or relating to any horse-race or
race, fight, game, sport, or exercise,— or as or for the
tion for securing the paving or giving by some other ^
any money or valuable thing on any sucn event or conti
as aforesaid ; and every house, office, room, or other place
kept, or used for the purposes aforesaid, or any of them, is
35 & 36 VICT. c. 94, s. 17. 41
Betting houses. Sect. 17.
) be a common nuisance and contrary to law : 16 & 17 Note.
)y 8. 1.
5ry house, room, office, or place opened, kept, or used
irpoees aforesaid, or any of them, shall be taken and
be a common gaming house within the meaning of
. c 109 : 16 & 17 Vict. c. 119, s. 2.
/ for keeping betting house,] Any person who,
owner or occupier of any house, office, room, or
e, or a person using the same, shall open, keep, or
ne for the purposes hereinbefore mentioned, or either
—and any person who, being the owner or occupier
tuse, room, office, or other place, shall knowingly and
termit the same to be opened, kept, or used by any
on for the purposes aforesaid, or either of them ; — and
1 having the care or management of, or in any manner
a <x)nducting the business of, any house, office, room, or
led, kept, or used for the purposes aforesaid, or either of
all, on summary conviction thereof before any two
' the peace, be liable to forfeit and pay such penalty, not
1002., as shall be adjudged by such justices, and may be
judged by such justices to pay such costs attending such
L as to the said justices shall seem reasonable ; and on
apnent of such penalty and costs, or in the first instance
Bid justices it shall seem fit, may be committed to the
^1 or house of correction, with or without hard labour,
Die not exceeding six calendar months : 16 & 17 Vict.
3; 47 & 48 Vict. c. 43, sched.
Iflfendant choose he may, before the charge is gone into,
iadal by jury : 42 & 43 Vict. c. 49, s. 17.
Separate acts of betting with strangers are proved and
ioIeb, this is some evidence of keeping a betting house :
BuUer, 41 J. P. 792. But if the betting takes place
members of a club this is not an offence within these
(Hdham v. Eainsden, 44 L. J. C. P. 309 ; 32 L. T. 825 ;
cmtaxm of section 3 of this Act (16 & 17 Vict. c. 119) is
idly repealed as regards license holders by the Licensing
f i^ection 17, the only effect being that one cannot be
under both enactments : Sims v. Pay, 58 L. J. M. C. 39;
»; eO L. T. 602.
ng to pay money on tlie event of a race, fight, dc]
m being the owner or occupier of any house, office,
iliDe opened, kept, or used for the purposes aforesaid, or
iiei&y or any person acting for or on behalf of any such
42 LICENSING ACT, 1872, s. 17.
Sect. 17. Betting houses.
Note, owner or occupier, or any person liaving the care or manage
or in any manner assisting in conducting the business uu
who shall receive, directly or indirectly^, any money or val
thing as a deposit on any bet on condition of paying any sn
money or other valuable thing on the happemng of any ev«
contingency of or relating to a horse-race or any other lace^ 08
fight, game, sport, or exercise, or as or for the consideratioi
any assurance, undertaking, promise, or agreement, expe
implied, to pay or give thereafter any money or valuable tmi
any such event or contingency — and any person giving
acknowledgment note, security, or draft on the receipt 9
money or valuable thing so paid or given as aforesaid, puiptH
or intended to entitle the bearer or any other person to rec
any money or valuable thing on the happening ofiany such eva
contingency as aforesaid, — shall, upon summary conviction t3«
before two justices of the peace, forfeit and pay such penalty,
exceeding 50Z., as shall be adjudged by such justices, and nui(
further adjudged by such justices to pay such costs attending i
conviction as to the said justices shall seem reasonable; an
the non-payment of such penalty and costs, or in the first insb
if to such justices it shall seem fit, may be committed to
common gaol or house of correction, with or without hard lab
for any time not exceeding three calendar months : 16 & 17 1
c. 119, s. 4; 47 & 48 Vict. c. 43, sched.
And any money or valuable thing received by any such pc
aforesaid as a deposit on any bet, or as or for the consideiataoi
any such assurance, undertaking, promise, or agreement as al
said, shall be deemed to have been received to or for the IH
the person from whom the same was received ; and such moiM
valuable thing, or the value thereof, may be recovered aoo
ingly, with full costs of suit, in any court of competent jnri
tion: 16 & 17 Vict c. 119, s. 5.
But nothing in this Act contained shall extend to any pc
receiving or holding any money or valuable thing by ira
stakes or deposit to be paid to the winner of any race, or la
sport, game, or exercise, or to the owner of any horse engagi
any race: 16 & 17 Vict. c. 119, s. 6.
Advertising betting houses.] Any person exhibiting or
lishing, or causing to be exhibited or published, any pla
handbill, card, writing, sign, or advertisement whereby it
•be made to appear that any house, office, room, or pla
opened, kept, or used for the purpose of makinff bets or wi
in manner aforesaid, or for the purpose of e^diibiting list
betting, or with intent to induce any person to resort to
35 & 36 VICT. c. 94, s. 17. 43
Betting houses. Sect 17i
3, office, room, or place for the purpose of making bets or Note.
xs in manner aforesaid, or any person who, on behalf of the
ST or occupier of any such house, ofl&ce, room, or place, or
m using the same, shall invite other persons to resort thereto
tihe purpose of making bets or wagers in manner aforesaid,
, upon summary conviction thereof before two justices of the
e, forfeit and pay a sum not exceeding 30^, and may be
ler adjudged by such justices to pay such costs attending such
dction as to the said justices shall seem reasonable; and on
non-payment of such penalty and costs, or in the first in-
ce, it to such justices it shall seem fit, may be committed to
oommon gaol or house of correction, with or without hard
>nr, for any time not exceeding two calendar months : 16 & 17
L c 119, 8. 7.
liose who send, exhibit, or publish, or cause to be published,
letter, circular, telegram, placard, handbill, card, or advertise-
It offering information or advice as to bets or wagers, or to
lice people to apply for information or advice, or to invite
PCS in such bet or wager, shall be subject to the penalties in
Vth section above quoted: 37 & 38 Vict c. 15, s. 3. This
ctment only refers to oetting in betting houses : Cox v. Andrews^
liB.D. 126; 48 J. P. 247.
WoAtrant to search suspected betting houses.'] It shall
lawful for any justice of the peace, upon complaint made
>ze him on oath that there is reason to suspect any house,
hB^ room, or place to be kept or used as a betting house or
3e^ contrary to this Act, to give authority bv si)ecial warrant
Ler his hand, when in his discretion he shall think fit, to any
Btable or police officer, to enter with such assistance as may be
Oid necessary into such house, office, room, or place, and, if
QMuy, to use force in making such entry, whether by breaking
II doors or otherwise, and to arrest, search, and bring before a
Soe of the peace all such persons found therein, and to seize all
i^ cards, or other documents relating to racing or betting found
nch house or premises ; and any such warrant may be accord-
to the form given in the first schedule annexed to the before-
itioned 8 & 9 Vict c. 109: 16 & 17 Vict c. 119, s. 11. See
1^ u. 39, tit " Gaming House."
Old if any superintendent belonging to the metropolitan police
e shall report in writing to the commissioners of police of the
lopolis that there are good grounds for believing, and that he
I beLLeve, that any house, office, room, or place within the
ropolitan police district is kept or used as a betting house or
6^ contrary to this Act, it shall be lawful for either of the said
44 LICENSING ACT, 1872, s. 18.
Sect* 17. commissioners, by order in writing, to authorise the sin
-jT^" tendent to enter any such house, office, room, or place, "witn
• constables as shall be directed bv the commissioner to accom
him, and, if necessary, to use force for the purpose of eflb
such entry, whether by breaking open doors or otherwise^ n
take into custody all persons who shall be found thereiii, a
seize all lists, cards, or other documents relating to radl
betting foundjin such house or premises: 16 & 17 Vict d
s. 12. See ante, p. 39, tit. " Gaming House."
Appeal to quarter sessions,] Those who are convicted
appeal to quarter sessions under the Summary Jurisdiction i
16 & 17 Vict. c. 119, 8. 13; 47 & 48 Vict. c. 43, ached,
notes to 35 & 36 Vict. c. 94, s. 52, post,
18. Power to exclude drunhards from lieen
premises J\ Any licensed person may refuse toadm
and may tnrn out of the premises in respect of ^
his license is granted any person who is drunken, vid
quarrelsome, or disorderly, and any person whose ]
sence on his premises would subject him to a peD
under this Act.
Any snch person who, npon being requested in]
snance of this section by snch licensed person, or
agent or servant, or any constable, to quit such pre©
refuses or fails so to do, shall be liable to a penalty
exceeding five pounds, and all constables are reqx
on the demand of such licensed person, agent, or sa
to expel or assist in expelling every such person
such premises, and may use such force as ma;
required for that purpose.
The court committing any person to prison for
payment of any penalty under this section may «
him to be imprisoned with hard labour.
This offence may be committed on premises having an 000c
license : Licensing Act, 1874, section 20.
In turning out a person who is drunken, violent, quam
35 & 36 VICT. 0. 94, s. 19. 45
laoxderly, no more force can be lawfully nsed than is necessary 86gL !&
rvBTCome the resistance of the person to be turned out. And i^QnQ^
g[ue8t to leave peaceably shoula always be first made to snch
Km, and proved on the hearing of the charge. And the con-
lie acts usually as the a^ent of the licensed person, unless he
mtnessed some violation of the Act. The persons whose
MEiice on the premises would subject them to a penalty will be,
cocample, persons acting contrary to sections 14 to 17 inclusive.
tihe licen£m person turn out a person who is not drunken,
Ifinty quarrelBome, or disorderly, or whose presence would not
geet m'm to a penalty, then such i)er8on, when turned out,
Knot be convicted under this section. Where a chimney-sweep
his working dress came to the public-house baramongst ttiecom-
ay and refused to leave, it was held that he could be excluded
£>rce, even though the premises were an inn : Pigeon v. Legge,
J. P. 743. And the same where a person had a large dog
aompanying him, which caused reasonable alarm : R. v. Rymefty
f^ K D. 136 ; 46 L. J. M. C. 108 ; 41 J. P. 199 ; 25 W. R. 415.
^ fmther as to the right of excluding persons, section 49 and
A person cannot be convicted under the second paragraph of
Ib section unless he has been drunken, violent, quarrelsome,
■orderly, &c., and a previous request to leave addressed to him
f the licensed person, his agent or servant, or a constable, is
lOved, and also a failure and refusal to leave thereupon. Where
^Vetal persons are charged on one information for refusing to quit,
fis is a mere irregularity, and may be waived, and a separate
Mddction of each would be right : Wells v. Cheney^ 36 J. r. 198.
THie power to commit to prison for non-payment of the penalty
t^ arises after insufficient distress, pursuant to 42 & 43 Vict.
h4^ 8. 21, and the time of imprisonment must be regulated by
|te nme Act^ section 5. See notes to section 51, ;post.
jWheie one of two drunken soldiers came to a publican's house
Iber being already refused, and being refused admission a second
PH^ rushed in and demanded beer, and on being collared by the
fttiuard and put out, the other attacked the lancQord with a sharp
Mmment, and gave a wound which caused death, the judge held
htti were guilty of murder, for the landlord acted within his
t^ : B, V. WillmghJby, 1 East P. C. 288.
19, Penalty on adulteration of intoxicating liquors
fepealed by Licensing Act, 1874, section 33. See that
Lot^ section 14, and notes).
46 LICENSING ACT, 1872, s. 23.
S6ct20. 20. Possession of adnlterated liquor or delota
ingredients {repealed by Licensing Act, 1874, aed
33 and 14, po5i).
21. Schedule of deleterious ingredients (repealm
Licensing Act, 1874, sections 33 and 14, post).
22. Analysis of intoxicating liquor (repeaUi
Licensing Act, 1874, sections 33 and 14, post).
Closing Licensed Premises in Case of Riot
23. Power of justices to close licensed prem
in case of o^iotJ] Any two justices of the peace ioi
for any connty or place where any riot or tumnlthaff
or is expected to happen may order every lioeB
person in or near the place where such riot or tOB
happens or is expected to happen to close his preiB
during any time which the justices may order ; andi
person who keeps open his premises for the aala
intoxicating liquors during any time at which ihe.
tices have ordered them to be closed shall be liaU
a penalty not exceeding fifty pounds ; and it Ad
lawful for any person acting by order of any jusiaci
use such force as may be necessary for the purptt
closing such premises.
This section is a re-enactment in language somewhat vu
9 Geo. 4, c. 61, s. 20, and is now applied not only to alehous
also to beerhouses, and all houses lor which a justices' certi&
necessary. The penalty is increased from five poundB tc
pounds. It is essential in any conviction under this secti
allege and prove specifically two things : 1. That the jn
during a riot or tumult, &c., ordered tne house to be doee
such order was served on the license holder ; 2. What w€
hours or days when the premises were so ordered to be do
that it may be seen whether there was any excess of joriad
A conviction which merely alleged that tne defendant ke|
35 & 36 VICT. c. 94, s. 25. 47
BnemiBes " during a time at which the justices ordered them to Sect. 23*
Aoeed " was held bad as being too vague : Neioman v. Earl of ' —
rdwicke, 9 A. & E. 124 Note.
Times of closing. {Repealed by Licensing Act,
74, section 33. See that Act, sections 3, 5, 6, 9, 10,
y and notes.)
25. Penalty on person found on premises
Mring closing hours.] If during any period during
aich any premises are required under the provisions
L this Act to be closed, any person is found on such
femises, he shall, unless he satisfies the court that he
pis an inmate, servant, or a lodger on such premises,
i'B bond fde traveller, or that otherwise his presence
H such premises was not in contravention of the pro-
bsions of this Act vrith respect to the closing of
pensed premises, be liable to a penalty not exceeding
Irty shillings.
Any constable may demand the name and address of
Hy person found on any premises during the period
iteing which they are required by the provisions of
Act to be closed, and if he has reasonable ground
irappose that the name or address given is false, may
e evidence of the correctness of such name and
iddress, and may, if such person faU upon such demand
I'giTe his name or address, or such evidence, apprehend
pn without warrant, and carry him, as soon as prac-
leftble, before a justice of the peace.
Any person required by a constable under this
odion to give his name and address, who fails to give
ha s^me, or gives a false name or address, or gives
ftbe evidence vrith respect to such name and address,
hall be liable to a penalty not exceeding five pounds.
48 LICENSING ACT, 1872, s. 25.
Sect, 25. Every person who by falsely representing hi
be a traveller or a lodger, buys or obtains, or
to buy or obtain, at any premises any int<
liquor during the period during which suchprei
closed in pursuance of this Act, shall be lia
penalty not exceeding five pounds.
This section is a re-enactment in different langos
repealed sections of 32 & 33 Vict. c. 27, s. 16, and 33 <
c. 29, s. 6.
Found ati premises not in contravention of j.
offence created by the first paragraph of the section is, 1
being found on licensed premises during prohibited 1
not satisfying the court tnat he is an inmate, servai
traveller, or otherwise not contravening the section. L
convict the person found on the premises, it is not nece
the keeper of the house should have committed any offe
on the other hand, is it necessary in order to convict
person found should have consumed or purchased a
during the prohibited hours. The mere presence of t
found is sufficient primd facie evidence of the offem
explained. The exnlanation, which will no doubt be
given, will be, that the person found is a " Mend of th
and is on a visit of friendship or condolence or mutua
tion. It was under this Act, before the Act of 1874 p
unlawful for a licensed person to entertain a visitor
even during prohibited hours, and in order to define th
stances under which the friend will escape liability it is
to consider what meaning is to be given ,to the words **
vention of the provisions of this Act with respect to
The only object of the provisions as to closing as declai
Act, 1874, section 9, is to prevent the selling or exposii
of liquor, or keeping open the premises for the sale c
during those hours, or allowing liquors already sold t
sumed there, or permitting anything equivalent to a sa
sumption, as explained by section 62 ; therefore the
will not be contravened if there is no selling and no keej
or exposing to sale or consumption of liquors on the
during those hours by persons of the class of customei
chasers. It would seem to follow that if a person is
the premises, and is a private friend, or has any lawful
there, the mere fact of the licensed person giving (nc
liquor to such visitor would not amount to any offence.
35 & 36 VICT. 0. 94, s. 25. 49
oyner band, if the liquor was actually sold to, or consumed by, Sect. 26.
wbo is there as a customer, and not as a private friend, it ^^ —
Id. This view of the construction of this section has been ^^'^^
t clearly supported by the Act, 1874, section 30, which
teealj exempts &om any penalty a licensed person who
ing prohibited hours entertains his private friend bond Me at
vwii ez]^ense. It will thus be a delicate inq^uirv in such cases
he justices to discriminate between sham fnenoships and real
dtality, or lawful business. A ''private Mend" is a some-
t Tagae phiase, but justices may, from the explanations, easily
e its meaning in each case. Not only private friends, how-
' but persons having other lawful business on the premises
Id also be exempt, however difficult it may be to describe the
IMons of their being lawfally there. If, for example, people
e been frequenting me house, and paying for their liquor in
oardinary way, ana being about to leave on the closing hour
ving, the licensed person says he will treat them as his private
ads, and allows tibem to remain later, this will usually be
ted as a mere device, and the host will be held liable to the
Ay : Corhett v. Haighy 5 C. P. D. 50 ; 42 L. T. (n.s.) 185 ;
J. jP. 39 ; 28 W. R. 430. The mere fact of persons being
«(e friends, and lawfally on the premises during closing hours,
I not entitle the landlord to allow them to carry on gaining :
V V. Osbcyme^ 34 L. T. (n.s.) 294 ; Oshimie v. Hare, 40 J. P. 759 ;
Mr V. Osborney 34 L. T. (n.s.) 347 ; 40 J. P. 759 ; nor to play
uHards : Ovenden v. Ba/ymond, 40 J. P. 727.
aother instance of no penalty being incurred will occur in
Nsn^ and tobacconists' shops, where customers after closing
Bi are bond fide purchasing oilier articles, as tea, sugar, cigars,
A a licensed person is not prohibited from seUing. See
Ah v. Heighesy 1 Q. B. D. 330 ; 40 J. P. 661 ; 45 L. J. M. C.
< 84 L. T. 242 ; 24 W. R. 58 ; Ex paHe Joynt, 38 J. P. 390.
Laee notes to section 69.
JBii this section obviously cannot apply to persons at or near a
iiy station refreshment room, ythiGn need not at any time be
ld| if Hiere are persons arriving at or departing from the station
wzoad. See Act, 1874, section 10, post, and notes.
^omtaile demariding visitor's address,] The visitor found
fte premises during prohibited hours is bound to give his
A and address, on request, to a constable ; but he is not
id to give it to any other person. As to the constable
dlfng evidence of the correctness of the name and address
Sit is difficult to define what this means. The person
eaimot be ein)ected to do more than assert his correct name
; at the same time, if the name and address given
50 LICENSING ACT, 1872, s. 26.
Sect. 25. turn out to be false, the constable, acting at his peril, will be i
— to justify the apprehension, if made. The moie prudent c
Note. £qj. ^j^^ constable will be to proceed against the visitor if the :
and address be refused or is false, and not apprehend on the
ground, namely, "giving false evidence with respect to
name or address,*' which must be a very vague and
ground to proceed upon, so far as he is concerned, and will]
great judgment to work out within the limits of the law.
The offence committed under the third paragraph seems <
from that under the first paragraph, and they are cumulative.
order to establish the offence, a previous request by the confb
must be proved ; and in all cases the reasonableness and trn&l
the information given will be important.
No power is given to the constaole to turn out the visitor J
on the premises, or detain him till inquiries are made;
though he may, in the circumstances stated, apprehend the via
and carry him before a justice, this will be at the risk of
constable.
Found on unlicensed premises,] There is also a
imposed on persons found on unlicensed premises, or
liquor is found for unlawful sale. See Ac^ 1874^ sectioiL
post.
False representations by travellers,] The penalty oni
falsely representing themselves to be travellers or lodgen,
attempting to buy liquor, is new, but was needed in order
prevent the easy evasion of the enactment. The false repi
tion must be made to the licensed person, or his servant
manager, and it is immaterial whether the attempt to get "
was successful. It may be doubted whether the "tra^
here mentioned inchides a "person arriving at or dei
from a railway station by railroad," as described in Act^
section 10, post. If the pretended traveller does not aak
liquor, the last clause of the section does not touch him.
26. Exemption from closing by order of
authority in respect of certain trades.~\ The boJ
authority of any licensing district, upon the prodlft*
tion of such evidence as such authority may defli
sufficient to show that it is necessary or dedraU^
so to do for the accommodation of any consideraMt
number of persons attending any public marketi ^
35 & 36 viOT. 0. 94, s. 26. 51
g any lawful trade or calling, may grant, if Sect. 26,
ithority think fit, to any licensed victualler
sed keeper of a refreshment house [or any
licensed to sell beer or cider by retail to be
3d upon the premises], in respect of premises in
lediate neighbourhood of such market, or of the
here the persons follow such lawful trade or
an order exempting such person from the pro-
of this Act with respect to the closing of his
3 on such days and during such time, except
. the hours of one and two of the clock in the
J, as may be specified in such order,
lolder of an order under this section shall not
) to any penalty for not closing his premises on
ys and during such time as may be specified in
ler ; but he shall not be exempt from any other
under this or any other Act, or otherwise.
dee in such form as may be prescribed by the
bhority, stating the days and hours during which
oises are permitted to be open under such order
iption shall be affixed and kept affixed in a con-
j position outside the premises ; and if the
f the order of exemption make default in affixing
eping affixed such notice in manner aforesaid
aiy part of the time for which his exemption is
he shall be liable to pay a penalty not exceeding
Qds.
r person who keeps affixed to his premises any
ice when he does not hold an order imder this
shall be liable to a penalty not exceeding ten
uch local authority as aforesaid may at any time,
m fit to them, withdraw an order under this
e2
62 LIOBNSINQ ACT, 1872, s. 26,
S®ct_26. section, or alter the same by way of extension or re
tion, as such authority may deem necessary or
so, however, as not to render any person liable to
penalty for anything done under such order before
holder was informed of such withdrawal or altei
The following persons and bodies of persons sM
deemed to be local authorities of licensing districtB
the purposes of this Act, that is to say, —
(1) In the metropolitan police district, the
missioner of police for the metropolis,
to the approbation of one of Her Maj(
principal Secretaries of State :
(2) In the city of London and the liberties
so far as they are not included in the
politan police district, the commissioiier
city police, subject to the approbation of
Lord Mayor of the said city :
(3) In any other place, two justices of the peaoe
petty sessions assembled.
The words in brackets were inserted by the Licensing Act^ 1S74
Hections 4, 5.
The exemption order,'] This section contemplates the
ing of a permanent exemption order, intended to last
months, or it may be years, or indefinitely, without any ]^
Kpecified. The object is to confer this exemption on ceiliii
houses, 80 as to allow them to be open during part of the jnK
hibited hours, without incurring the usual penalty. The luNB'
of exemption must be specified in the order of the local aotil^
rity. The power of exemption is conferred not* only at tt
licensed victualling houses, that is, alehouses licensed unte
9 G^. 4, c. 61, and refreshment houses licensed under 23 Yiet
c. 27, but also on houses licensed for beer and dder to ll
consumed on the premises. Out-door licensed houaee aie not
entitled to this exemption order. The premises must be in tiie
'< immediate neighbourhood" of the market or place wheie tte
35 & 36 VICT. 0, 94, s. 26. 63
bllow their trade or calling. The commissioner or jus- Soct. 2da
to decide what is a considerable number of persons, and jf qte.
ihe inmiediate neighbourhood ; probably all that is meant
the premises be near and convenient, though the local
f is not restricted to select the nearest house, nor to limit
r to a single house. Though all persons attending a theatre
luded in the original enactment, but are now excluded by
Qsing Act, 1874, section 4, still the persons following the
)f seryants, attendants, or actors at a theatre will come
he words.
^/)CaZ a/tithority,] It is entirely discretionary in the local
Y to grant this exemption order, though all the con-
fe fumUed. It is also to be obtainable without notice, so
' one of the public would have no right to be heard or to
the granting or altering of such order. And for a like
no appeal seems to be given against the refusal, at least
is the commissioners of police.
x^ authority is not bound to follow any rules of evidence
nibject^ but me order should recite the ground on which
nption is conferred — ^for example, in respect of what
trade, or calling the exemption is given, and should state
person exempted is a licensed victualler, or refreshment-
eeper, or licensed beerhouse keeper, and the precise days
rs of the exemption*
%g a notice v/p.l To keep afi&xed on the premises a
mplies the duty to renew the notice.
icense holder should apply to the local authority to define
I of the notice to be affixed.
ifih paragraph makes the order revocable at will by the
thozity, and no reason need be ^ven for the withdrawal,
rlcular mode of giving notice of the withdrawal is
It may be, however, assumed that the order will be
im in the same way as it was made, with the addition of
tlie notice of withdrawal on the party holding the order
|ition. The order should not specify any period during
i shall be in force, since it can be revoked at any time, and
b1 wiU cease at the end of the licensing year, unless the
raoQ. continues to hold the license.
udder of this exemption order is liable to a penalty for not
Qig it on a lawful demand : section 64, 'post
I occasional exemption orders intended to last only for a
m& or two days at a time, see 'poit, section 29, and notes.
^4 LICENSING ACT, 1872, s. 28.
^ect. 26* As to occasional licenses authorising a sale of lie
■JTr places than the licensed premises, see posty 25 & 2
^"^"* s. 13; 26 & 27 Vict. c. 33, s. 20; 27 & 28 Vict c. 18,
27. Intoxicating liquors not to be
refreshment house during the hours
house would be closed if it were an in
toxicating liquor shall be consumed upoi
licensed as a refreshment house, but not fc
of any intoxicating liquor, during the ho
which the same premises would, if they
licensed premises of licensed victuallers, be
law for the sale and consumption of intoxical
If any person, licensed to keep such r
house, allows any intoxicating liquor to be co
the premises in contravention of this section,
liable for the first oflFence to a penalty not ex(
pounds, and for any subsequent offence to a ]
exceeding twenty pounds.
This section is confined to refreshment houses not
the sale of intoxicating liquors. These houses are ,
the Acts 23 Vict. c. 27, and 24 & 25 Vict. c. 91, s. 8 ;
c. 64 ; 28 & 29 Vict c. 77, post. See also Licensing
section 11, as to night houses.
As to what is a refreshment house, see 23 Vict c.
notes, post.
The penalty can only refer to liquor which had I
by a guest to be consumed during tne ordinary prohi
28. Amendment of law as to rej
Juyuses.^ Every refreshment house in respect
license is granted for the sale therein by retail
wine, upon which license an abatement of dut
allowed under 24 & 25 Vict. c. 91, s. 9 {post
"An Act to amend the Laws relating to i
Revenue," shall be closed every night at i
35 & 36 viOT. 0. 94, s. 29. 55
|m& ; and if any person keeping any snch refreshment Sect. 28«
jjnse as is mentioned in this section sells or exposes for
Bk in such refreshment house, or opens or keeps open
Igr such refreshment house for the sale of intoxicating
during the time that such house is directed to be
by ibis section, or during such time as aforesaid
rs any intoxicating liquor to be consumed on such
Hwnises, he shall for the first offence be liable to a
booaliy not exceeding ten pounds, and for any sub-
liqiient offence to a penalty not exceeding twenty
Mnds.
[Any conviction for an offence against this section
ball be recorded on the license of the person convicted,
Kkdess the convicting magistrate or justices shall other-
wise direct.]
This section applies only to refresliment houses selling by retail
3aeign wine, for whicli abatements for license duty are obtained
^ the condition of the house not being kept open after 10 p.m. :
4 & 25 Yict. c. 91, s. 9.
The part wUhm brackets was repealed by Licensing Act, 1874,
Mion 33 ; but see that Act, section 13. The justices may record
lie conviction on the license.
Part of the original section has been left out, being repealed by
8 & 47 Yict c. 39, sched.
29. Local authority may grant occasional
icenses exempting from provisions relating to
losing d/uring certain hours.'] If any licensed victual-
ar or keeper of a refreshment house in which intoxi-
iiing liquors are sold [or any person licensed to sell
eer or cider by retail to be consumed on the premises],
Implies to the local authority of a Hcensing district
(ff a Kcense exempting him from the provisions of
Ins Act relating to closing of premises on any special
)ocasion or occasions, it shall be lawful for such local
56 LICENSING ACT, 1872, s. 29.
Sect. 29. anthoritj, if in his discretion he thinks fit i
to grant to the applicant an occasional lie
empting him from the provisions of this Act
to closing of premises during certain hours,
the special occasion or occasions to be specifi<
license; and no licensed victualler or keeper
freshment house [or person licensed to sell beer
to be consumed on the premises] to whom an o
license has been granted under this section
subject to any penalty for the contravention of
visions of this Act relating to the closing of
during the time to which his occasional license
but he shall not be exempted by such occasions
from any penalty to which he may be subjec
other provision of this or any other Act of Par]
The words withdn brackets were inserted by the Lice
1874, section 6.
As to who is the local avihority of a licensing district, i
26 and notes, ante, p. 62.
The holder of this occasional exemption order is bom
penalty to produce it on a lawful demand : section 64, j
An occasional license to sell liquors at places othe
licensed premises was authorised by 25 & 26 Vict, c 22,
26 & 27 Vict. c. 33, ss. 19, 20, 21 ; 27 & 28 Vict c. 18,
see Licensing Act, 1874, sections 18, 19, 20.
Special occasion,] The nature of the "special oc
left to the local authority, and the usual occasion is s
festival or entertainment, as to which the discreti<
authority seems unlimited and without appeaL The lb
accordingly will not interfere, even thougn justices to
mas Eve and New Year's Eve as special occasions:
Keeling, 50 J. P. 551 ; 34 W. R. 718. The applicatio
keeping open the licensed premises during some p
ordmary prohibited hours on account of the local fest
as a fair, race, ball, &c. It is to be noticed that the <
extends only to "the provisions of this Act relating
of premises during certain hours,'' which are now tin
Licensing Act, 1874, section 2. And the license cai
granted to houses for in-door consumption.
By 38 & 39 Vict c. 21, s. 1, the holder of an occaaiox
36 & 36 viOT. 0. 94, s. 30. 57
lis 29th section shall not be liable under the Act 26 Qeo. 2, Sect. 29.
le Music and Dancing Licenses Act for London and West- ,^"^
and 20 miles round), ante, p. 30, to any penalty for being Note.
qa midnight to the hour for closing specified in the occa-
icense.
Repeated Convictions.
>. Forfeiture of license on repeated con-
PW« J If any licensed person on whose license two
idons for offences committed by him against this
ave been recorded, is convicted of any offence
is directed by this Act to be recorded on his
I, ihe following consequences shall ensne ; that is
The license of such licensed person shall be for-
feited, and he shall be disqualified for a term
of five years from the date of such third con-
viction from holding any license ; and
The premises in respect of which his license was
granted shall, unless the court having cogni-
zance of the case in its discretion thinks fit
otherwise to order, be disquahfied from receiv-
ing any license for a term of two years from
the date of such third conviction.
led that nothing in this section contained shall
it the infliction by the court of any pecuniary
f or any term of imprisonment to which such
A person would otherwise be liable, or shall pre-
Hie court from exercising any power given by any
leddon of this Act of disqualifying such licensed
i or such premises for a longer period than the
nentioned in this section.
fkensed person" does not include a mere refreshment-
mgfg&c : section 74, post.
eonTictions here mentioned must be convictions for offences
tted by the same person against and therefore subsequent
Act| though they need not be of the same description.
68 LICENSING ACT, 1872, s. 31.
Sect. 30. There is no limit of time specified between the three convictk
but by the next section (section 31) a partial limit is defined :
Note, gome purposes. And by section 32 no conviction is to count
some purposes after the lapse of five years from its date.
The previous conviction may be proved by a certified exti
from the register kept by the clerk of the convicting justices:
& 43 Vict. c. 49, s. 22 ; or in some cases from the register of lioei
under section 58. See also 34 & 35 Vict c. 112, s. 18.
The effect of a forfeiture of a license is, that from the dati
conviction the house ceases for all purposes to be licensed, and
person can thereafter apply during the current licensing i
either for a transfer or a renewal : B. v. West Riding J J,, 52 J
455 ; 21 Q. B. D. 258 ; 57 L. J. M. C. 103 ; 36 W. R 268.
The words " which is directed by tliis Act to be recorded
his license " are interpreted by the Licensing Act, 1874, seel
13, to mean "which is directed by the justices to be recoidi
and thus an ambiguity under the original Act, 1872, is avoii
But those convictions recorded by compulsion of law since
Act, 1872, and before the Act, 1874, will remain in force;
The justices seem to have no power to alter the period of '
qualification of the person from five years or of the premises I
two years to shorter periods respectively. But they may Ijj
order prevent the disqualification of premises altogeth^. !
license or certificate becomes void when the disqualificati(Hi ti
effect : section 44, and see section 63, post,
The effect of a person being disqualified for five years seen
be that any license granted or transferred to him by inadveili
during that period would be void. But after the lapse of
five years, he might obtain a transfer, like other peisons.
Where a conviction is such that if repeated the premises I
be liable to be disqualified, the clerk oi the licensing justitt
to serve notice thereof on the owner. See section 66, port.
31. Disqualification of premises.'] The tdk
ing additional provisions shall be enacted with re8|
only to convictions of persons who may hereafter beoc
licensed in respect of the premises, and shall not 9f
to a conviction of any person licensed for any preoi
at the passing of this Act so long as he is license!
respect of the same premises ; viz. —
(1) The second and every subsequent convictioo
corded on the license of any one such per
shall also be recorded in the register
licenses against the premises :
35 & 36 VICT. c. 94, s. 31. 69^
When four convictions (whether of the same or 8ect.31»
of diflFerent licensed persons) have within five
years been so recorded against premises, those
premises shall dnring one year be disqualified
for the purposes of this Act :
[f the licenses of two such persons licensed in
respect of the same premises are forfeited
within any period of two years, the premises
shall be disqualified for one year from the date
of the last forfeiture :
jd that where any premises are disqualified
his section notice of such disqualification shall
3d upon the owner of the premises in like manner
•der of disqualification is required to be served
bis Act, and the regulations for the protection of
ler of premises in case of an order of disqualifi-
hall, so far as the same are applicable, extend to
) of disqualification under this section.
ection only applies to persons who had no license or
3 on the lOth August, 1872, in respect of the same pre-
rhose who had such license or certificate will continue
iom the section so long only as they continue to be
ht the same premises.
► "be bome in mind that no conviction can be recorded on
se except where directed to be recorded by the justices,
always have a discretion on that matter. See Act 1874,
\B second recorded conviction only that is to be the first
against the premises in the register.
t no consequence, under sub-section (2), whether the suc-
mvictions be for the same offence or by the same person^
'e convictions have been recorded against the successive
xscapiers of the same premises within five years (which
ir against the premises), the premises shall by operation
%w become disqualified for one year. So, unaer sub-
I), if the licenses of two successive tenants are forfeited
iaiB, the same disqualification will attach by operation of
1 persons who purchase licensed houses will thus, besides
^0 LICENSING ACT, 1872, s. 32.
£ect. 31. requiring the usual legal title, require to searcli the re
_; — licenses to discover the moral character of " the premises.'
Note. ^
Disqualification during one year,] The effect of
being fisqualified for one year will be that if bjr inadverl
justices should renew the license it would be void. Anotl
would be as to in-door beerhouses licensed since 1869,
justices in future would not be bound by the four giomi
32 & 33 Vict. c. 27, s. 19, post. Under sub-section (2\ s
sub-section (3), the one year will count from the date of
conviction.
As to the consequences to the owner, see section 56.
As to the effect of Licensing Act, 1874, section 13, i
recording a conviction, see notes to that section.
The proceedings as to serving orders of disqualifica
stated in section 56.
The notice to the owner can only be served personal]
by post, by registered letter, see section 70, post.
32. Conviction after five yea/rs not to ii
jpenaltyJ] A conviction for any oflfence under i
shall not after five years from the date of such
tion be receivable in evidence against any per
the purpose of subjecting him to an increased
or to any forfeiture.
The conviction under this Act after five years loses itsi
power, and is to be deemed non-existent, but only for the
of increasing the penalty or causing forfeiture. It mi|
been doubted whether, if the words " or to any forfeitn
not been added, the word " penalty " would not have beei
to be used in the popular sense, and to include such
•quence as forfeiture of license, and disqualification of pei
of premises, but owing to the last four words that vi€
untenable. According to the literal and technical meai
word " penalty " applies only to a sum of money, and
include imprisonment, forfeiture, disqualification, and ot
sequences of a conviction. As the word is obviously n
not to include forfeiture, it seems to follow that so far a
the consequences described by section 30, the convictions
will count, though they are more than five years old, for
pose of disqualification of person and premises. And of
may operate seriously against all persons applying for tn
f
I 35 & 36 VICT. 0. 94, s. 34. 61
grants of licenses. This section, therefore, practically does Sect. 32,
apply to disqualification, subject to the express restrictions on t^ZTw
t head in section 31. ^^^^
I
33. OmissixM to recoi^d conviction on license.^
we a conviction for an oflfence is by this Act directed
Ebe recorded on the license of any person, the fact of
such record having been made sliall not, if such con-
ion be otherwise proved to the satisfaction of the
bmrt having cognizance of any case under this Act,
■Qeinpt such person or the premises occupied by him
any penalty to which such person or premises
Id have been subject if such record had been duly
le. And on such proof being given the omitted
jbnviction may be recorded accordingly, and shall be
jfaemed to have been duly recorded in accordance with
Wb Act.
^31uB section practically makes the provision as to recording
mictions on a license, one which executes itself, and the
ocm is of little consequence since it can be cured at any time.
Licensing Act, 1874, section 13, makes this apply to all cases
iddch a license was formerly recorded by operation of the Act
" of by the express order of justices. The recording of con-
is provided for in section 55, post. Though the not
jf of a conviction is not allowed to be relied upon by the
convicted, still it may be an important matter to the owner
premises, or at least to the purchaser of such property in
; to be able to search the renter, so as to ascertain the
of the premises, and the risk of disqualification.
84. Penalty for defacing record of conviction
license.^ If any person defaces or obliterates, or
ipts to deface or obhterate, any record of a convic-
(m his license, he shall be liable to a penalty not
iBoeeding five pounds^
Ab the practice will be in fature to renew a license or certificate
ly endorsement under section 48, this section may be of use. But
62 LICENSING ACT, 1872, s. 36.
Sect. 34." the register of licenses (sect. 36) will probably be foiu
^T~l any attempt to deface a record of conviction niigat<
person summoned must produce his license under sec*
The justices cannot oraer this conviction to be recoi
license.
35. Entry on premises by constable.']
by Licensing Act, 1874, section 33. See
1874, s. 16).
Registers.
36. Register of licenses to be kept in
district.] There shall be kept in every licei
trict by the clerk of the licensing justices of th
a register to be called the register of hcenses
form as may be prescribed by such justices, c
the particulars of all licenses granted in the di
premises in respect of which they were gra
names of the owners of such premises, and the
the holders for the time being of such licensei
shall also be entered on the register all fori!
licenses, disquaUfications of premises, records o
tions, and other matters relating to the license
register.
Every person appl3dng for a new hcens<
renewal of a Ucense, shall state the name of tl
of the premises in respect of which such ]
granted or renewed, and such name shall be
on the license, and the person whose name is
shall, subject as hereinafter mentioned, be de
the purposes of this Act to be the owner of the
A court of summary jurisdiction may, on t
cation of any person who proves to the court
is entitled to be entered as owner of any pre
35 & 36 viOT. 0. 94, s. 36. 63
tof the person appearing on the register to be the Sect3C.
r, make an order substituting the name of the
taUcant, and such order shall be obeyed by the clerk
■ the licensing justices, and a corresponding correction
jgr be directed to be made on the license granted in
beet of the premises of which such appUcant clidms
pbe the owner.
Any ratepayer, any owner of premises to which a
iense is attached, and any holder of a hcense within
Ecensing district, shall upon payment of a fee of one
ig, and any officer of police, and a;ny officer of
Revenue in such district, without pajrment, shall
itled at any reasonable time to inspect and take
of or extracts from any register kept in pursuance
section for such district ; and the clerk of the
justices and every other person who prevents
inspection or taking copies of or extracts from the
►, or demands any unauthorised fee therefor, shall
Sable to a penalty not exceeding five pounds for
offence.
licensing justices may, if they think fit, cause
i register kept in pursuance of this section to be
into parts, and assign a part to any portion of
licensing district ; and there shall be paid by each
person to the clerk in respect of such registra-
the sum or fee of one shilling for every license
or renewed.
leister is a convenient mode of enabling tlie owners and
exB of jpremises to ascertain the "position of their tenant in
of misconduct, since disqualification of premises may
on almost every kind of offence, if repeated. If there are
fliaa one person who is clerk of the licensing justices, the
nahaU determine which of them is to keep this register ; see
leetion 74. As to using the register a& evidence, see sec-
64 LICENSING ACT, 1872, s. 37.
Note.
Sect. 36. The words ^'lecoids of convictionB'' in tlie fiist paraomk
not mean "records of convictions ordered to be recorddoAi
license," but records of convictions of any holder of the pawi
for the time being, whether ordered to be recorded on tlie fiM
or not; see section bbypost In this register also must beeill
any conviction for bribery or treating, or any report lespedil
licensed person : 46 & 47 Vict. c. 51, s. 38.
For definition of owner, see section 74, post, and liceiuoBgi
1874, section 29. By the Licensing Act, 1874^ section if
owner may demand to have his name put on the register, ni
justices should substitute the name of the applicant for thett
of the person entered, notice should be given to tiie latter tbM
might show cause and oppose the change ; and either may IQ
imder section 52, post.
The right to demand inspection of the register is confiad
ratepayers, owners of licensed premises, license holdeis in
district, constables, and Inland Revenue officers.
The fee of one shilling is in addition to the fees pi^yaUi
grants of licenses and certificates as well as transfers, as to id
see 9 Geo. 4, c. 61, s. 15; 33 & 34 Vict. c. 29, s. 4, sab-eedMi
And this fee is payable on renewals as weU as new giantB.
Amendment of Law as to Grant of Licenses.
37. Licensing committee of justices in am
ties.^ In coTinties a grant of a new license shall nol
vaKd unless it is con&med by a standing committei
the county justices, in this Act called the county lieem
committee.
The justices in quarter sessions assembled for ei
county shall annually appoint from among themae
for the purposes of this Act a county licensing commi
or they may appoint more than one such commil
and assign to any such committee such area of juris
tion as they may think expedient.
A county hcensing committee shall consist of not
than three or more than twelve members.
The quorum of a county licensing committee shal
three members.
35 & 36 VICT. 0. 94, s. 37. 65
r vacancies arising in any such committee from Sect. 37.
resignationi or other causes, may be from time to
Blled up by the justices in quarter sessions by
the committee is appointed.
ounty licensing committee shall be deemed to be
iding committee of the quarter sessions by whom
are appointed for the year succeeding their ap-
aent, and their jurisdiction and proceedings shall
e affected by the termination of the sessions at
I they were appointed. The members of a com-
) retiring at the end of the year may be re-
ited ; and if from any cause members have not
appointed in any year to succeed the retiring
ers, such retiring members may continue to act
committee until their successors are appointed.
) justices in quarter sessions shall make such
itions with respect to the meetings of any such
ittee and the transaction of business thereat as
oay think fit.
I clerk of the peace of the coimty shall, by himself
deputy, be the clerk of the county licensing com-
I or committees, and shall perform all such duties
ition to any such committee or committees as he
lired by law to perform in relation to the justices
rter sessions assembled.
e rest repealed by 46 & 47 Vict. c. 39, Sched.)
onfinuation of a new certificate for houses licensed for
ption off the premises is now required : Licensing Act,
x^tion 24.
reiAon of confirming authority,'] The confirming au-
have the same discretion which the licensing jiistices
leither more nor less ; and now in all cases that require
ation their discretion is absolute. They need give no
, and there is no appeal against their decision : Be Anr-
66 LICENSING ACT, 1872, s. 37.
Sect. 37. nandale JJ,, 37 J. P. 85 ; R. v. Middlesex JJ,, 42 J. P.
-J!"" They are bound, like the licensing justices, to hear all corap
objections, such as that there are too many licensed hoiwefl^
the annual value of premises is insufficient, that the appHa
of bad character, &c. The only qualification is that the com
ing authority is not bound to hear any party who did not o
before the licensing justices. See post, section 43. The eoBi
ing authority does not stand towards the licensing justices n
position of a court of appeal ; they are merely to go over the i
ground, and to exercise their independent judgment on the i
materials, or such materials as the applying and objecting JM
place before them. They cannot reverse.
The origin of the power of justices to grant a new liceu
well as a renewal of a license, is found in 9 Geo. 4, c. 61, 8. L
This 37th section deals with new licenses only so far as the!
tions of the licensing committee in counties as the confin
authority are concerned. Transfers of licenses come hefon
general body of justices (including those who are memben d
licensing committee) who sit at transfer sessions, which
appointed under 9 Geo. 4, c. 61, s. 4, and require no conft
tion. As regards renewals of current licenses, all the ju
take part in these, as well as those who form the licensing (
mittee, and no confirmation is necessary.
Grant of new licenses,] The grant of a new liceM
certific£^f e is still to be made as before this Act in counfcii
the justices at the general annual licensing meeting, hut
grant will not be valid until confirmed by the county lica
committee. As to the general duties and powers of justioeB
grants, see 9 Geo. 4, c. 61, s. 1, post, and notes.
A mandamus will lie to the justices in quarter sesaoi
appoint a county licensing committee.
There is, as already stated, no appeal to quarter sesdonsag
the refusal of a new grant of a license or certificate. See sf
schedule, which repealed 9 Geo. 4, c. 61, s. 27, as to new lid
See also Licensing Act, 1874, section 27, to the same effect)
cases of wine and beerhouse certificates.
Object of confirrmng authority.] The confirmation h^
licensing committee is a sufficient check on new grants, and ]
first body of justices refuse the application for a new gian^
decision is now final so far as quarter sessions are concerned,
appeal to quarter sessions, however, remains as regards iM{
tions for renewals or transfers of licenses or certificates. Tm
body of justices can, moreover, only refuse applications fort
ficates for out-door wine, spirit, sweets, and ciaer licenses nndl
35 & 36 VICT. c. 94, s. 38. 67
e and Beerhouse Acts for certain reasons. See 32 & 33 Vict Soct. 87.
^, 8. 8, post^ and note& and this Act, sections 69, 74 Note.
be applicants, therefore, for new licenses or certificates for
oor consnmption cannot obtain an excise license under 9
» 4^ e. 61) s. 17, and 32 & 33 Vict. c. 27, s. 4, until they have
only obtained the justices' license, but also the committee's
Urmation of the license ; while no confirmation is needed for
dooar licenses.
\oced/ure before confirrmng authority.'] The mode of ob-
ang confirmation of a new license by the committee is regu-
d by section 43, and is subject to regulations to be made as to
proceedings by the justices in quarter sessions. See also Act,
% section 25. These regulations must be consulted in each
litj as to what is required to be done by the applicants, and
derk of the peace will give such information.
?he/e« payable to the clerk of the justices in respect of a new
nee remains the same as before. See 9 Geo. 4, c 61, s. 15.
to certificates under the Wine and Beerhouse Acts, the same
18 also due : 32 & 33 Vict. c. 27, s. 8.
S[otices before new grants.'] The notices by applicants for
f licenses are regulated by 32 & 33 Vict. c. 27, s. 7, which was
inded to all cases by Licensing Act, 1872, section 40.
38- Incensing committee of justices in
Xmghs^ In boroughs in which, at the commence-
ot of the time appointed for the anntial appointment
a licensing committee in this section mentioned,
re are ten justices acting in and for such borough or
tards, new licenses shall be granted by a committee,
) shall, for the purpose of such new licenses, perform
ilie duties and be subject to the obligations of
using justices.
n every such borough as aforesaid the justices,
ing in and for such borough, shall annually in the
an^t preceding the commencement of the period
ing which the general annual licensing meeting for
h borough may be held, appoint from among them-
res for the purposes of this Act a committee of not
F 2
68 LICENSING ACT, 1872, s. 38.
Sect. 38. less than three nor more than seven in nmnber, bo
justice shall be appointed a member of such oonuu
unless he is qualified to act nnder this Act.
Any vacancies arising in snch committee (in iik
referred to as the borongh licensing committee) 1
death, resignation, or other causes, may be from tin
time filled np by the justices by whom the commith
appointed.
The quorum of a borough Ucensing committee 8
be three members.
The members of the borough licensing commi
retiring at the end of the year may be re-appoio
and if from any cause members have not been
pointed in any year to succeed the retiring memb
such retiring members may continue to act as
borough licensing committee until their successors
appointed.
The grant of a new license by a borough lioem
committee shall not be valid unless it is confimMd
the whole body of borough justices, who would, if
Act had not passed, have been authorised to g!
licenses, or by a majority of such body present at
meeting assembled for the purpose of confirming i
licenses.
In boroughs in which there are not ten justioesM
in and for such borough at such time as aforesaid^
licenses shall be granted by the qualified boroii|^
tices, but the grant of a new license by such joB
shall not be valid unless it is confirmed by a joint i
mittee appointed in respect of such borough in mfl
hereinafter mentioned :
A joint committee for any such borough as laatal
said shall consist of three justices of the ooonl
85 & 36 VICT. 0. 94, s. 3S. 69
^h such borough is situate, and three justices of Soet 88.
3orough [or if there are not three such borough
^ces, then the deficiency is to be supplied by
ity justices, to be appointed by the county
ising committee], but no justice shall be ap-
ited a member of such committee unless he is
ified to act under this Act. The three county
!ces on a joint committee shall be appointed by
county licensing committee. The same county
ices may be appointed members of more than
joint committee under this section. The borough
ices on a joint committee shall be appointed by
justices of the borough for which they act, or
he majority of such justices assembled at any
ting held for that purpose. Any casual vacancy
iig in the joint committee from death, resigna-
, or other cause, may from time to time be
i up by the justices by whom the person
ting such vacancy was appointed. The quorum
le joint committee shall be five members. The
or magistrate on the joint committee present
ny meeting shall be its chairman ; and in the
it of an equal division of the committee the
xman shall have a second vote :
rt here was repealed by 46 & 47 Vict. c. 39,
jection shall be made to any licenses granted or
i in^ pursuance of this section on the ground
justices or committee of justices who granted
med the same were not qualified to make such
confirmation.
and after the passing of this Act, the justices of
shall not for licensing purposes, save in so far
70
LICENSING ACT, 1872, S. 38.
Sect 38. as respects the power of appointing members of ajc
committee, have any jurisdiction in a borough in
the borough justices have for such purposes ooi
jurisdiction.
The words within brackets were inserted by LicensiiigAoti!
section 21.
No grant of a new certificate to sell liquors not to be
on the premises requires any confirmation : Licenedng Act^
section 24.
The powers of licensing committees.] This sectum
the important distinction as regards boroughs with toi
that the whole body of justices cannot exercise the
grant a new license, the committee being substituted for
body in respect to that matter. There being, however,
said as to transfers and renewals, the whole boiy of jastioeB
deal with these as before.
Boroughs having a separate commission of the petM
divided into those which have ten justices acting for the
and those which have less. The word " borough" is d
section 74, post.
In the former case, the grants of new licenses and
are to be made by the borough licensing committee, and
by the whole body of borough justices, that is to aay, bf
majority of those who attend a meeting for the purpose of c
firming such licenses or certificates. The " commencement of I
time appointed for the annual appointment of a licensiiig tt
mittee" is "the fortnight preceding the commencement df
geriod during which the general annual licensing meetiiiff nilfl
eld for the borough." Therefore, in the country, this ii ^
fortnight before the 20th of August, and in Middlesex and Si
before the 1st March, and at the commencement of sneh
night, if ten justices exist, the licensing committee is to
appointed.
In boroughs which have less than ten acting justices, the gM^I
of new licenses or certificates is to be made by the bonMO^ ji^
tices, and confirmed by a joint committee of three county JoMi
and three borough justices, and if the borough justices are M*'
cient, then by county justices, as stated above.
A justice who is a brewer, &c, will count as one of tin t|%
though he is disqualified by section 60, post^ from acting in wm
cases.
As to fees, see notes to last section.
35 & 36 VICT. c. 94, s. 40. 71
> jurisdiction of justices in boroughs, see also notes to Sect. 38.
^ c. 61, s. 1, pott. —
mportant to notice that a license cannot be objected to for Notb.
lincation of the justices.
. Stipendiary magistrates may act a^
ng justices.^ Beyond the Kmits of the juris-
of the metropolitan police courts a metropolitan
)r stipendiary magistrate may act as one of the
i empowered to grant or confirm licenses so far as
\ any licensing district wholly or partly within
sdiction.
removes partly a disqualification in 2 & 3 Vict c. 71, s. 14,
k 22 Vict. c. 73, s. 7. The word "grant" is obviously
its popular sense, so as to include transfers and renewals
rely. See as to some metropolitan magistrates indorsing
under 5 & 6 Vict. c. 44, s. 1, post.
>. Regulations as to new licenses and
er of licenses,'] Every person intending to
or a new license, or to apply for the transfer of a
, shall publish notice of such application as
; that is to say, —
In the case of a new license, he shall cause
notice thereof to be given and to be affixed
and maintained in manner directed by section
seven of " The Wine and Beerhouse Act,
1869," and any enactment amending the
same, and shall advertise such notice in some
paper circulating in the place in which the
premises to which the notice relates are
situate, on some day not more than four and
not less than two weeks before the proposed
application, and on such day or days (if any)
as may be from time to time fixed by the
licensing justices :
72 LICENSING ACT, 1872, s, 40,
Beet. 40b (2) In the case of the transfer of a license he
fourteen days prior to one of the special i
sions appointed by the justices for
transfers of snch licenses, serve a notice
intention to transfer the same upon one of
overseers of the parish, township, or plan]
which the premises in respect of which
application is to be made are situate, and^
the superintendent of poUce of the
This notice shaU be signed by the appKc
by his authorised agent, and shall set forlihl
name of the person to whom it is intended
such license shall be transferred, together
the place of his residence, and his trade'
calling during the six months preceding
time of serving such notice :
(3) Any license may be authenticated in
in which a certificate may be authentioatell
pursuance of sub-section two of section
of " The Wine and Beerhouse Act Amem
Act, 1870," and the provisions of the said
section shall apply accordingly :
[Part here repealed by 46 & 47 Vict. c. 39, Sched.]
The provisions of this section as to notices shall
to all cases where, under the Intoxicating Liquors
1828, notices are required to be served in a like form
or in the same manner as notices for new licensee.
Notices before new licenses. "l As to the meaning ofi^
licenBe," see definition in section 74jpostj and notes thexeon ; ai
Licensing Act, 1874, s. 32, post, Tne notice before applioatil
for a new license was regulated by 9 Geo. 4, c 61, s. 10^ jpoi<. Ql
section is now repealed and superseded by the coireqpoodia
section in the Wine and Beerhouse Act, 32 & 33 Vict a 87| & 1
po9t. Besides complying with the last-mentioned section, the tsg^
35 & 86 VICT. c. 94, s. 40. 73
it advertise his notice as above in a local newspaper. He Sect. 40.^
srty to select his newspaper if there are several circulating ""~
lace ; but the justices may fix the days on which the ^^'**
sment shall appear, as to which the clerk of the licensing
will give information to applicants. They will be guided
lays of publication of the appropriate newspaper. There
Bcise form given by any of the statutes for a notice, but it
kte in substance the name of the applicant, describe his
residence, house for which the license is asked, the kind of
.pplied for, and the time of the general annual meeting or
tnent at which the application is to be made. It is for the
to decide whether the notices have been given pursuant
atntes, and as the giving of notices is a condition precedent
irisdiction to grant licenses, questions may arise as to the
of licenses granted in contravention of the statutory
; Ormerod v. Chadi(>icl', 2 N. Sess. 697 ; 16 M. & W. 367 ;
Je James, 12 J. P. 262. The justices were held to have
decided that service of notice on the superintendent of
ras bad where the 8er\'ice was at one of the police offices of
rict, and not at his own residence : R.y, Riley, 53 J. P. 462.
e is not bad for describing the license as one to sell beer,
the justices can only grant a license which authorises the
grant such a license : R. v. Blackburn J J., 42 J. P. 775.
. ^.s.) 444. And see further as to notices, 32 & 33 Vict.
7, and notes, post.
latter enactment as to a newspaper advertisement, which is
11 apply to certificates under the Wine and Beerhouse Acts,
as to alehouse licenses. The notice for a new alehouse
Ls now, therefore, identical with that for a new certificate
he Wine and Beerhouse Acts.
ces before transfer.] The notice previous to the applica-
a transfer of license was regulated by 9 G^eo. 4, c. 61, s. 11,
B repealed, and the provision in clause (2) of this section is
Lted. It increases the length of the notice. There is
10 at the end of 9 Geo. 4, c. 68, s. 14, which is not repealed.
rds at the end of this 40th section say, however, that this
shall apply to all cases in that proviso, which required
like those for a new license. Hence, in those few cases of
B the same notice is to be given as is prescribed by this
stion for a new license.
section will apply also to transfers of certificates under the
nd Beerhouse Act, 33 & 34 Vict. c. 29, s. 4, sub-section 5,
the mode of authenticating the license or certificate, see
74 LICENSING ACT, 1872, s. 41.
Sect. 40. 33 & 34 Vict. c. 29, s. 4, and notes, post. The form of
,^— certificate is regulated by the Secretary of State. See
^"'^*^' and the official forms at the end of this volume.
As to the mode of corrvputing the days, see notes to 3S
c. 27, s. 7, post. The words "14 days prior" to transl
seem to mean " 14 clear days ;" if so, then the day of nol
day of sessions are to be excluded. See further as to co
32 & 33 Vict. c. 27, s. 7, and notes, post.
All these notices may be served by post ; see sectioi
As to the discretion of justices in granting or reJ
licenses, the law is stated in 9 Geo. 4, c. 61, s. 1, and 32
c. 27, 8. 8 ; 43 Vict. c. 6 ; 45 & 46 Vict. c. 34, post A]
discretion of justices on applications for transfers, se<
c. 61, s. 14, post, and notes.
41. Amendment of b Sf & Vict. c. '
respect to licenses wilfully withheld.^ W\
the second section of the Act of the session o:
and sixth years of the reign of Her preseni
chapter forty-four, the magistrates or justice
sessions are empowered in the event of a lice
lost or mislaid to receive a copy of such licen
deal therewith in manner in the said section m
And whereas it is expedient to extend the pow
magistrates or justices to the reception of a
license in the event of a license being wilfullj
by the holder thereof : Be it enacted, that su<
shall be construed as if after the words " lost oi
there were inserted the words " or if the app
for the grant of a license [or the transfer of i
has been wilfully withheld by the holder there
The words in brackets were inserted by 47 & 48 Vict
The provisions of 5 & 6 Vict c. 44, ss. 2, 3, whicl
were confined to alehouse licenses, were extended to
under the Wine and Beerhouse Acts by 33 & 34 Vict
the fee for endorsing a copy of a lost license being 2c
sections are now extended to the case of a license " wil
held by the holder." It had been held that justicet
petty Bessions under 5 & 6 Vict. c. 44, were not con
35 & 36 viOT. 0. 94, s. 42. 7S
a copy of a license if the oul^ing liceosee, owing to a Sect.4L
"with his landlord, would not give np the original, as the - —
►n was held to apply only to appbcations for grants of ^<''*-
, but not to applications for endorsement or transfer : Ex
\dllips, 42 J. P. 279. The holder of a license is bound by
64 to produce the license to justices and constables.
lot to be inferred from this section, and 6 & 6 Vict c. 44,
taces at petty sessions are incapable of granting a temporary
, unless the identical piece of paper on which the current
was written is produced, for now by the aid of the register
les, under sections 36 and 58, justices can always ascertain
•tainty all the particulars of a current license, and can
their power in regard to temporary transfers without the
lie original document, the importance of which in most
trifling.
. Provisions as to renewal of licenses^]
a licensed person applies for the renewal of his
the following provisions shall have effect : —
He need not attend in person at the general
annual licensing meeting, unless he is required
by the licensing justices [for some special
cause personal to himself] so to attend :
The justices shall not entertain any objection to
the renewal of such license, or take any
evidence with respect to the renewal thereof,
unless written notice of an intention to oppose
the renewal of such license [and stating in
general terms the grounds of opposition] has
been served on such holder not less than seven
days before the commencement of the general
annual licensing meeting : Provided that the
licensing justices may, notwithstanding that
no notice has been given, on an objection being
made, adjourn the granting of any license to a
future day, and require the attendance of the
holder of the license on such day, when the
76 LICENSING ACT, 1872, s, 42.
Sact.42, case will be heard and the objection conside
as if the notice hereinbefore prescribed
been given :
(3) The justices shall not receive any evidence^
respect to the renewal of such license wlA
not given on oath.
Subject as aforesaid, licenses shall be renewed and
powers and discretion of justices relative to such rem
shall be exercised as heretofore.
The words in brackets were inserted by the Licensing Act»]
s. 26.
The Alehouse Act, 9 Geo. 4, c. 61, s. 12, ^o«*, authorised a
or infirm person, &c., to apply for the grant of a license, thelflj
ture having asssumed that the justices would not he lOn
grant a license to a person whom they had not seen. Bati
was nothing in the other parts of the Act 9 Qeo. 4, c. 6
prevent them granting a license to such person if they chon
The renewal of licenses is the same as before, subject t
provisions as to notice of opposition, and no confirmatioii
licensing committee is necessary. As to how a renewal is d
guished from a new license, see section 74 and note.
No notice by applicant for renewal,] No notice requii
be given by the applicant on an application to renew a ootl
under the Wine and Beerhouse Act, 32 & 33 Vict, c 27, 8. 7
And there was nothing in the Alehouse Act, 9 Geo. 4, c. 61*
requiring such notice as to renewal of alehouse liceDsei^
though that section is repealed, there is no such oblig^doiK
The justices who renew licenses,] The justices who rm
the same justices who entertain the new applications. In boi
with ten justices, the licensing committee now, under secti
ante^ alone exercise the jurisdiction as to new licenses. Nev
less, there seems to be nothing expressly to prevent the id
the borough justices joining in the hearing of applicatiai
renewal, though the licensing committee in the laiger boo
sitting by themselves can alone deal with the applicationB fi
licenses, as stated in section 38.
Burden of proof of opposition,] Though this section 1
the onus of proving the objection to the renewal of botlt li
and certificates on the objecting party, the licensing justioe
an entire discretion in most cases as to the sumect-mil
objection, subject only to an appeal on the part oi the ap]
35 & 36 VICT. 0. 94, 8. 42. 77
* G^. 4, c. 61, 88. 27, 28, 29, which sections are unrepealed 86Ct.42»
r as r^ards renewal of licenses and certificates. What the ^^^ —
have to see to is that some one has served in due time *^^*■•
)f opposition, stating grounds, seven days before the general
meeting. But tlus objection can be overcome by the
starting the objection in open court, and then adjourning
the latter part of the second Bub-section : R, v. Merthyr
JJ.y 49 J. P. 213 ; 14 Q. B. D. 584 ; 54 L. J. ^L C. 78 ;
eddiich, 50 J. P. 246 ; R. v. Essex JJ., 46 J. P. 761. Hence
don renders it no longer necessary, as was required under the
nd Beerhouse Acts, for the applicant for a renewal of a certi-
f unopposed, to give affirmative evidence of good character :
e Morgan, 35 J. P. 37 ; 23 L. T. (n.s.) 605. The burden of
3 thrown on the parties objecting to a renewal of a license
ficate. It appears that any person may oppose ttierenewi^
mse or certificate. The evidence must now be on oath in
18 where the applicant is a licensed person. And by the
Qg Act, 1874, section 26, even the justices are prohioited
quiring the applicant to attend, except for some special
ersonal to the applicant. The meaning of the words "per-
mse " seems not to be confined to misconduct, but ramer
ething which applies to the applicant's house as distin-
. from other houses. It was held that where the opposition
nded on a notice duly served that the public-house was too
oved fipom police supervision, this would be a valid ground
sing a renewal : Sharp v. JVakefiddy 22 Q. B. D. 239 ; 53 J. P.
L.J.M.C. 57; 60L.T.130; 37W. R.187; R.v.SnvUhoT
\ Hereford, 42 J. P. 295; 48 L. J. M. C. 38; 39 L. T. 606.
atever be the meaning of "personal cause," the jurisdic-
to renewals is precisely the same on the merits as in cases
applications, the personal cause being only a reason for
on the applicant to attend in person or by advocate, and
lin away the ground of opposition.
legislature seems to have assumed that the licensing jus-
nild renew all licenses as a matter of course, unless there
be proved some misconduct or other objection personal to
licant. And though it is now only in cases of some per-
fection that a requisition can be served on the applicant
id the justices on the occasion of a renewal, yet tne joint
I this section, and of the Act, 1874, section 26, has not
cut down the absolute discretion of justices as to refusing
w alehouse and nearly all other licenses, with or without
given: Sharp v. Wakefield, supra; Ex parte Martin, 40
3; Ex parte Bendall, 42 J. P. 88.
grcwnds of opposition,'] The enactment does not confine
iQie of the ground of opposition that may be raiaed to a
78 LICENSING ACT, 1872, s, 42.
Sect. 42< renewal. The ground must not be so utterly Myolons
.-r~ capricious that the discretion of the justices, in giving effect 1
-wOTE. ^j^j^ ^g called no exercise of a judicial discretion at {dl; b
they are not bound to give reasons in most cases for their ded
it is difl&cult by certiorari or mcmda/mvs to correct the deciak
there is no appeal on the merits except to quarter sessiou
the High Court will not lay down rules as to what is or Is i
judicial discretion : Sha/rp v. Wakefieldy supra. The cireumi^
that the house was too far removed from police superviooi
held a good objection on the merits : Ibid. So it has been
that keeping the house shut during a negotiation for salei
good objection : Griffiths v. Lancashire JJ,, 61 J. P. 453; 361
732. And so if the renewal is opposed on the ground tha
holder was convicted of an offence : R, v. Birnvrngham JJ
J. P. 132.
Justices starting objection without notice,'] When the
tices themselves start an objection to renewing such license,!
must be done in open court, it is their duty not to decide
and there, but to give notice to the applicant, and adjoim
further hearing, so that he may have an opportunity of answ
the objection : K v. Farquhar, L. R. 9 Q. B. 258 ; 39 J. P.
And the Court has quashed an order of quarter sessions fM
regarding this matter : Rvddiclc v. Justices of Liverpool^ 4S
406. At the same time if both parties act on the assumptioi
an objection has been duly made and time given to answi
then it will be taken that they waived literal compliance witi
section : B, v. Kent Justices^ 41 J. P. 263. Moreover, whei
justices start the objection and give an opportunity to the ]
to answer it, they must apparently still near the evidenc
oath: R. v. Bales, 4A J. P. 553; 42 L. T. (n.s) 735. The jiu
as above stated, must not only see that tne obiection is stal
open court, but that notice of it is duly served, and also th
order to attend has been served on the license holder : R,Y.Mi
Tydvil JJ,, 49 J. P. 213; 54 L. J. M. C. 78; 14 Q. B. D
The objection need not be stated in writing in open conn
it should be stated in the seven days' notice to attend whic
justices themselves should serve on the holder : R, v. BMUc
50 J. P. 246.
Mandamus to re-hear,'] Should the justices refuse a ten
though no notice of objection had been served or thutigh
started by justices, and a mavidavMis issues to re-hear, the i
tions may be then made and heard on the merits at the re-heu
B, v. Howard or Congleton JJ,^ 53 J. P. 454. See also 9 G
c 61, 8. 1, and notes, posU
85 & 36 VICT. c. 94, s. 42. 79
me renewals justices* discretion limited,] As Sect. 42*
5wal of certificates for some out-door licenses, the jg^^
3 not the same wide discretion as they have in refer-
ouse or publican's licenses, for they cannot refuse to
^cate to sell wines, spirits, sweets, or cider not to be
1 the premises, except on one of the grounds set forth in
t. c. 27, s. 8, post. See R. v. Scott, 22 Q. B. D. 481; 53
3 L. J. M. C. 78 ; 60 L. T. 231 ; 37 W. R. 301. And the
it in such cases state the grounds of refusal : Ex parte
Surrey J J., 3 Q. B. D. 374; 47 L. J. M. C. 104; 42
6 W. R. 682. As regards certificates to sell beer, cider,
e consumed on the premises, if the house was licensed
1869, and the justices have not since made any order
r the privilege, then the justices cannot refuse such
ept on one of the grounds already specified : 32 & 33
3. 19 ; 33 & 34 Vict. 29, s. 7. See notes. R. v. King
?r J7., 20 Q. B. D. 430; 62 J. P. 199 ; 67 L. J. M. C.
. 607 ; 36 W. R. 600. On the other hand, if the house
x)r license on 1st May, 1869, then the justices may
lew the certificate in cases of beer witnout stating
ject only to the appeal to quarter sessions. See 32 &
17, s. 19; 33 & 34 Vict. c. 29, s. 7 ; 43 Vict. c. 6 ; 46 &
4, post,
stices refuse to renew the license, and the applicant
may get a temporary license from the Inland Revenue
ppeal is determined. See section 63. And if the
fail for some inadvertence or misadventure, the
' postpone the application: 33 & 34 Vict. c. 29, s. 11.
renewal,] The fee on a renewal of an alehouse license
! as a grant of a new license, namely, 78. Qd. See 9
1, 8. 15. The fee on the renewal of a certificate is As,
es* clerk, and Is. to the constable : 33 & 34 Vict. c. 29,
5h case Is. is to be added for registration fee. See
mie, p. 64.
hy endorsement,] The renewal of a license or
lay now be endorsed on the license or certificate, or
lereof. See section 48, post.
igamst refusal to renew,] It is to be borne in mind
is always an appeal to the quarter sessions of the
U cases against a refusal of the justices to renew, as
I, c. 61, s. 27, which was extended to all licenses, was
I by this Licensing Act. See schedule. And in some
son may be entitled to appeal, though he was not a
50
LICENSING ACT, 1872, S, 43.
Note.
Sect. 42. licensed person, and therefore not entitled to the notice of
tion and other requirements stated in this section : B.Y,-
Bommih JJ,y 51 J. P. 438 ; 57 L. T. 56 ; 35 W. B. 734; M
M. C. 96; R, v. N^castle J J., 51 J. P. 244; R. v.
Liverpool J J,, 11 Q. B. D. 638; 47 J. P. 596; 52 L. J. M.a:
49 L. T. 244 ; 32 W. R. 20.
Where a rule nisi was granted for a TMind/jmvus to ji
hear an application to renew, and before cause was shown
general annual meeting was held, the court gave power
justices to hear the appncation as if for the next foUowing ;
R, V. Miskin Higher JJ.^ 50 J. P. 247.
43. Confirmation of licenses.^ Any person
appears before the licensing justices and opposes
grant of a new license, and no other persoii|
appear and oppose the confirmation of snch
the confirming authorities in counties or boroughs;
the confirming authority may award such costs as
shall deem just to the party who shall su<
the proceedings before them. In a county the
tices in quarter sessions assembled, and in a
the borough justices [and in cases where a joint
mittee is appointed, then the joint committee]|
make rules as to the proceedings to be adopted fwr
firmation of new licenses and the costs to be
in any such proceedings, and the person by whom
costs are to be paid.
The words in brackets were inserted by the Licensing Act|]
section 25.
The procedure before the confirming authority is to be
by the justices or joint committee, so far as regards the ^
ings and the costs before the confirming author!^, as to „^
application for information should be made to the cleikof
peace or clerk of the licensing justices. In either caseu l^f
section no person is to be allowed to oppose the ^rant of % 1
license or certificate before the confirming authority who ^SA\
appear before the licensing justices. Any person is entifl '
appear and oppose the grant of a new license. Bat if tha .
objecting party appears, he may call additional evidence and \
35 & 36 VICT. c. 94, s. 45. 81
Lessee before the confirming authority. The proceedings will Sect. 43.
Bimilar in man^ respects to an appeal, but the confirming ' —
Verity has nothing to do with the reasons acted on by the Note.
DBing justices, for the object is, that the applicant shall satisfy
independent bodies of justices that there are good reasons for
i application.
^The rules made regulating procedure before the confirmin<r
ly may be objected to if uUra vires. But in the exercise of
IT jurisdiction the discretion of the confirming authority on the
its IB absolute : R v. Middlesex JJ., 42 J. P. 469 ; Re Amutn-
JJ.f 37 J. P. 86. See anUy p. 65.
With regard to any costs ordered to be paid, these may be re-
nrered as stated in section 51, posty namely, under 11 & 12 Vict
18, 8. 18, and 42 & 43 Vict c 49.
44. Disqualification for lice7ises.'\ No license
be granted nnder the Intoxicating Liquor Licens-
Acts to any i)erson or in respect of any premises
by or in pursuance of any of the Intoxicating
|jq[uor Licensing Acts or this Act to be disqualified
)ns or disqualified premises during the continuance
such disquaUfication. Any license held by any
m so disqualified, or attached to premises so dis-
lified, shall be void.
expression " Intoxicating Liquor Licensing Acts " means
4^ c 61, and the Wine and Beerhouses Acts, 32 & 33 Vict
[17^ and 33 & 34 Vict c 29, 'post. See section 74 The dis-
fafication of premises is always limited to a term of years,
in one case (section 3) the disqualification of the person may
rmade for life. See as to disqualification of persons, 9 Greo. 4,
^61, 8. 16; 1 WHL 4, c. 64, s. 2; 3 & 4 Vict c. 61, s. 7; 23
c. 27, s. 22; 32 & 33 Vict c. 27, s. 11 ; 33 & 34 Vict c. 29,
I; and this Act, sections 3, 15, 19, 30. As to disqualification
lises, see this Act, sections 3, 19, 30, 31.
45. Qualification of premises for licenses.!^
dfies to which at the time of the passing of this Act
Uoense under the Acts recited in the Wine and
rhonse Act, 1869, authorising the sale of beer and
for consumption thereupon is attached, shall not be
to any of the provisions now in force prescribing
G
82 LICENSING ACT, 1872, s. 45.
Sect. 45. a certain rent or value or rating as a qualification
receiving any such license.
Premises not at the time of the passing of this
licensed for the sale of any intoxicating liquor for
sumption tliereupon shall not be qualified to recer
license authorising such sale unless the following oc
tions are satisfied : —
(a) The premises, unless such premises are a rail
refreshment room, shall be of not less than
following annual value : —
If situated within the city of London oi
Uberties thereof, or any parish or (
subject to the jurisdiction of the Mf
politan Board of Works, or witbiii
four mile radius from Charing On*
within the limits of a town containn
population of not less than one hM
thousand inhabitants, Jifty pounds
annum ; or if the license do not aiidll
the sale of spirits, thirty/ pounds
annum.
If situated elsewhere and within the Si
of a town containing a population of
less than ten thousand inhabitantB| A
pounds per annum ; or if the liceoM
not authorise the sale of spirits^ tM
pounds per annum.
If situated elsewhere and not witfaui
such town as above mentioned, Jj
pounds per annum ; or if the liceni
not authorise the sale of spirits^ ft
pounds per annum :
(6) The premises shall be, in the opinion of
licensing authority, structurally adaptec
35 & 36 VICT. c. 94, s. 45. 88
the class of license for which a certificate is Sect 45.
sought : Provided that no house, not Ucensed
at the time of the passing of this Act, for
the sale of any intoxicating liquor for con-
sumption on the premises, shall be qualified
to have a license attached thereto authorising
such sale, unless such house shall contain,
exclusive of the rooms occupied by the
inmates of such house, if the license autho-
rise the sale of spirits, two rooms, and if the
license do not authorise the sale of spirits, one
room, for the accommodation of the public.
obscure clanse at the commencement of this section was
i of being construed as impUedly repealing aU valuation
ations for out-door wine and beer licenses. But it has
en decided that it does not repeal that qualification; and
er meaning it has is confined to in-door licenses : R. v.
'land JJ., 8 Q. B. D. 369 ; 61 L. J. Q. B. D. 142 ; 46 J. P.
W. R 178.
« are houses, namely, table-beer houses, under 24 & 25
, 21, 8. 3, and houses licensed to sell wine for consumption
premises under 23 Vict. c. 27, ss. 1, 8, and aho for
s and sweets under sections 69, 74 of this Act, which never
ibject to any rating or value qualification, and as to which
ragraph could not apply.
7 in-door licenses.] The second paragraph of the section
80 obscure. It says in effect as to all nouses (alehouses
Eie-houBes, beerhouses and winehouses) to be licensed for
st time after lOth August, 1872, for the sale of liquor to be
lied on the premises, that the valuation qualification in this
18 to be applicable, that is to say, in the metropolis and
ftbove 100,000 population, 50Z. annual value, &c. And they
BO to have at least one public room if for sale of beer,
ro pubKc rooms if for sale of spirits. As to structural
tion, as no rules are laid down, the justices will be the
dges of what this means ; but the number of rooms is stated
s a minimum qualification. In cases of premises covering
derable area, there seems no reason why the several rooms
be under one roof. As regards alehouses or public-houses,
d under 9 G^o. 4, c. 61, there was no valuation qualification
id by that or any other Act. Though, therefore all ale-
62
84 LICENSING ACT, 1872, s. 46,
S60t^ 45. houses to be licensed for the first time since 1872 will n/fa
^j~ valuation in the latter part of the section, still those wludi
• licensed on 10 August, 1872, will continue to be exen^l
such valuation qualification.
The area of the jurisdiction of the MetropolitaiL Boi
Works is set forth in 18 & 19 Vict c. 120, ss. 249, 250^ ft
A. B. C. 26 & 26 Vict. c. 102, ss. 42, 112.
The word " town " was defined in this Act, section 74^ «
definition was amended by Licensing Act, 1874, section 31
old definition in section 74 of this Act was also repeik
certain purposes set forth in Act, 1874, section 33.
The words ''annual value" are explained in the
section.
As to the " census,'' as a test of population, see sectioa 68^
and notes.
46. Annual value necessary for obtaik
grant of license.'\ Whereas in certain cases a Ik
under the Wine and Beerhouse Acts, 1869 and 187
not to be granted unless the house and premiK
respect of which such license is granted are rf
rent and value, or are rated to the poor rate on a ifl
annual value of such amount as is respectively in
behalf stated in the Acts recited in the Wine and 1
house Act, 1869 ; and it is expedient to substitdl
such cases " annual value " for the said rent, vahl
rating, and to provide for the ascertaining the ill
value of such house and premises : Be it ilieB
enacted that in cases not provided for by the hit
ceding section —
A license under the Wine and Beerhouse Aoli| i
and 1870, shall not be granted in respect of any pM
which are not, in the opinion of the licensing JB
who grant such license, of such annual value as ii :
tioned in that behalf in the Acts recited by tinb ^
and Beerhouse Act, 1869 ; and those Acts shall bl
strued as if ^^ annual value " were therdii siibitil
35 & 36 viOT. c. 94, s. 46. 85
rent,'' " value/' " rated on a rent or annual value," Sect 46,
ther like expressions.
at the first general annual licensing meeting after
passing of this Act the Ucensing justices are of
on that any premises which are Ucensed for the
>f intoxicating Uquors at the passing of this Act are
xf such annual value as authorises the grant of a
ae for such premises, they may, notwithstanding,
w such Ucense upon the condition, to be expressed
le license, that the holder thereof, before the next
iral annual hcensing meeting, improves the premises
\ to make them of sufficient annual value, and if the
er fail to comply with such condition the Ucense
I not be renewed at such next general annual
isng meeting.
^ eases not ^provided for in last section,] This section
bs to all houses for the sale of liquor to be consumed on
raemises which already had a certificate under the Wine
beerhouse Acts on 10th August, 1872, namely, beerhouses,
^uses, wine and refreshment houses, those to he licensed
lie first time after 1872 being subject to the qualification in
atter part of the 45th section. The " annual value " of these
SB licensed in 1872 is, however, to be taken instead of the
It "or "rating," &c., and the Acts 3 & 4 Vict. c. 61, and 23
, c 27, B. 8, mil be read as if the " annual value " was sub-
ted. If the houses licensed in 1872 could not stand this new
then the justices were to require the houses to be improved
due, otherwise the license or certificate was not to be renewed
373. And this power still continues.
le out-door beerhouses and ciderhouses, whether licensed in
or not, wiU still require the same valuation as before, under
I Vict c. 44, and 33 & 34 Vict. c. 29, s. 10, the value being
'ed at as stated in the next (47th) section.
I to out-door winehouses and table-beer houses (and sweets
qpiiits and liqueur houses, which are on the same footing as
i) they never required a valuation qualification, and do not
xequiieit
was decided on a certiorari to quash part of a license in R,
xder JJ.y B. Y. Mann,42 L. J. U, C. Z6 ; 37 J. P. 212; L. K.
86 LICENSING ACT, 1872, s. 47.
Beetle. 8 Q. B. 235 ; 27 L. T. (n.s.) 847 ; 21 W. R 329, that tioBi
NOTE ^^^ ^^^ ^PPly ^ alehouses licensed under 9 Gteo. 4, a 91^ 1
' confined to nouses licensed under the Wine and BeerhoiM
32 & 33 Vict c. 27 ; 33 & 34 Vict c. 29,po8L
47. Mode of ascertaining ammal vd
The licensing justices shall take such means as
seem to them best for ascertaining the annual idfa
any premises for the purposes of this Act, and m
they think fit, order a valuation to be made of such
mises by a competent person appointed by them ft
purpose, and may order the costs of such valuatk
be paid by the applicant for a license.
The annual value of premises for the purpos
this Act shall be the annual rent which a tenant n
be reasonably expected, taking one year with aneA
pay for the same, if he undertook to pay all teD
rates and taxes, and tithe commutation rentcbai|
any), and if the landlord undertook to bear the oo
the repairs and insurance and other expense
any) necessary to maintain the premises in a
to command the said rent, and if no license
granted in respect thereof ; but no land shall be ind
in such premises other than any pleasure grow
flower or kitchen garden, yard, or curtilage usnaD}
and occupied and used by the persons residing in
frequenting the house.
The Justices are entitled under this section to take thai]
way of ascertaining the annual value, and are not boo
accept the valuation list or any other valuation, even by thd
valuer. But thev must have some evidence on which to n
the conclusion they may arrive at The actual rent ptid
necessarily a conclusive test of annual value. They mny
thepremises to be re-valued at the eicpense of the appliotnt
Tne mode of recovering the costs of a valuation of iSk
mises is pointed out at the end of section 51 ; bat in all eH
35 & 36 VICT. c. 94, s. 48. 87
¥ill no doubt deem it expedient to volunteer such a pay- Sect. 47.
whicli can seldom be considerable in amount ~1
premises are to be valued at the same rent as if tbey had n^'^^
nse attached to them, and in the manner described,
j beer or dderhouse requires to be a dwelling house, where
LB a real resident holder and occupier, if the house is used
a shop or place of business for other purposes, the voJue of
lole premises must be taken: Ga/ratty v. Potts^ L. B. 6
86 ; 36 J. P. 168 ; 40 L. J. M. C. 1 ; 23 L. T. 664 ; 19
127.
test of valuation is to be taken as at the time of the
g of the application ; hence, where the valuation was not
mt at the date of the general annual meeting, but was made
mt at the adjournment day, when the case was heard, the
held this sufficient : R. v. Montagu^ 49 J. P. 66. And
adjoining premises are added, and used with the original
les, the annual value may always be properly increased, so
oake up the required amount
B. Regulations as to form of licenses.^
ollowing regulations shall be made with respect to
AQ *
C9 •
Every license granted after the commencement
of this Act shall be in such form as may from
time to time be prescribed by a Secretary of
State.
A renewal of a license may be made by an en-
dorsement on the license, or by the issue of a
copy of the old Hcense, but in the latter case
there shall be endorsed on such copy all con-
victions made within the previous five years
which are endorsed on the old Hcense.
) Commissioners of Inland Revenue may alter the
of any license granted by them for the sale of
eating liquors, in such manner as they may think
ient, for the purposes of bringing such form into
rarity with the law for the time being in force.
forms cf justice^ Ucenses have been issued by the Secretary
jQf and will be found in the Appendix.
88
LICENSING ACT, 1872, S. 49.
Sect. 48.
NOTE.
The second clause as to licenses or certificates proyides a
of preserving the continuity of Uie character of the lioenaea
the eye of the law a license ceases to exist at Hie eod of j
licensing year, and what becomes of the paper on which it'
written is of no conse<j[uence. It is not important, for Ij]
aid of the register of hcenses the character and previoai
victions of the party licensed may be traced. But it is ai
theless very convenient (as this section permits) to ha?5
paper embodying the license which lasts for years, and is i
able by endorsement, so as to save trouble, and show at a :
the conduct of the holders during the previous years. The
and certificates granted for 1872 may be continued h(
endorsements, though a new piece of paper can always be
tuted at any of the annual licensing meetings.
See a form of Inland Eevenue license in Appendix.
49. Provisions as to six-day lit
Where on the occasion of an application for a
license or transfer or renewal of a license, which
rises the sale of any intoxicating liquor for coi
on the premises, the applicant, at the time of his
cation, appUes to the licensing justices to insert in
license a condition that he shall keep the prei
respect of which such license is or is to be
closed during the whole of Sunday, the justices
insert the said condition in such license.
The holder of a license in which such Gondii
inserted (in this Act referred to as a six-day lii
shall keep his premises closed during the wholal
Sunday, and the provisions of this Act with respeoti
the closing of licensed premises during certain
on Sunday shall apply to the premises in res]
which a six-day Ucense is granted as if the wl
Sunday were mentioned in those provisions instead]
certain hours only.
The holder of a six-day license may obtain from
Commissioners of Inland Revenue any license
35 & 36 VICT, c, 94, s. 49. 89
ach cominissioners which he is entitled to obtain Sect49-
nrsnance of such six-day Kcense, upon payment of
leventli parts of the duty which would othen^dse
ayable by him for a similar license not limited to
days ; and if he sell any intoxicating liquor on
day he shall be deemed to ]ye selling intoxicating
ST without a license.
he notice which a licensed person is required to
eep painted or fixed on his premises shall, in the
of a license under this section, contain words indi-
ag that such Hcense is for six days only. In calcu-
ig the amount to be paid for a six-day license any
tion of a penny shall be disregarded.
Ub Bection applies to alehouses, beerhouses, and all the
^ induded in this Act, where liquors are consumed on the
ighi of license holder to close his lunise,] This section
to be based on the notion that there is some binding obliga-
on the keeper of licensed premises to keep his house open
' year round for the sale of liq^uors. For this notion,
', there seems no authority. It is true that, at common
[ if a man keeps an inn, that is a house of entertainment for
jind beast, or rather for travellers, he is bound, if he has
VBunodation, to receive, and procure food for, the traveller,
(nay be indicted, or liable to an action, if he refuses to receive
NjtaaveUer when he has acconmiodation, and can make no
btble objection : R. v. Ivens, 7 C. & P. 213 ; R, v. Luellin, 12
L446 ; 1 Show. 270 ; Hawthorn v. Hammmid, 1 C. & K. 404 ;
Mr. Jacksm, 6 C. & P. 725 ; see further, 26 & 27 Vict, c 41,
• But this obligation is confined to travellers and to food
peit^ and would not necessarily extend to the supply of
frf^S^p liquors. An innkeeper, whether licensed or not, is
m to wis extent, but no further, and as to edl the other
md persons, the^r are merely iu the position of shopkeepers
> mQ a certain article, but may, if they please, shut up their
Itt any hour or day when it suits their convenience. All
they leqnire to do is to take care not to sell intoxicating
an withont a license, and not to sell during the times when
I petBons are prohibited from selling, and not to commit the
r offences relating to licensed houses. Beyond those limits
^90 LICENSING ACT, 1872, s. 49.
Sect. 49. they are their own masters. There is no declaration is
NOTE s^tutes that the holders of licenses, as such, axe bound to 1
open all the times that they are not forbidden to do so.
is there any penalty imposed on them by any statute eipi
or impliedly lor not supplying intoxicating liquors to any pa
They Keep open as long as l£ey can merely for their owl i
venience and profit. At the same time, ii they shut up t
houses at unexpected times, and so put to inconvenienn
public or neighbours, this might be a good reason for the lioM
jurtices at the next general annual licensing meeting refdam
renew the license, as they may always do, with or without Ml
as regards nearly every license for indoor consumption. !
general rule is, therefore, as to all intoxicating liquors, thattim
the licensed person is prohibited from selling within certain hoi
he is nevertheless not bound to sell during the hours not ]
hibited, unless he keeps an inn, and in that case he is onlyboi
to sell board and meat and drink, which drink need not, howv
in all cases be intoxicating drink.
This section, however, though founded on a fundanM
mistake as to the obligations of licensed persons, must be ill
preted so as to give effect to its provisions. A person may, il
choose, put himself in the position of holding a six-day liMi
The chief advantage will be that he will pay only six-sevei
of the usual duty to the Inland Revenue ; and if he mah
also an early closing house under the Act, 1874, section 8^
will be entitled to a license on paying five-sevenths of the vi
duty ; but on the other hand, he will render himself lialk
heavy penalties (including the penalty under section 3) for seD
or keeping his house open for sale oi liquors during any pill
Sunday.
Effect of six-day license,] It has been held that if a Ike
holder at any time, either on an application for a new lioa
or a transfer or renewal thereof, apply for a condition as to
days to be inserted in the license, this is an election which y
preclude himself and any succeeding licensee from ever ag
obtaining a renewal or transfer of the license without sudi coi
tion inserted. Thus, if a license is for the first time granted i
six-day license, the justices cannot be in any way compelledi
application for a renewal, to grant a seven-day or ordina^ Hcei
leaving out this condition : R v. Crewkeme J J,, 21 Q. B. Di i
62 J. P. 372 ; 67 L. J. M. C. 127 ; 60 L. T. 84 ; 36 W. R «
And in like manner, if the holder of a license held for f
as a seven-day license, happen to ask the six-day condition to
inserted, he and any successor will be for ever predoded Ii
demanding by way of renewal the original form of the lioeoM
be restored : B, v. Liverpool JJ.y 62 J. P. 376.
35 & 36 VICT. 0. 94, s. 50. 91
to be observed tbat this section applies only to licenses Sect. 40.
kuthoiise the sale of " liqnor for consumption on the pre- ^nZZ^
diat is to say, alehouse or public-house licenses under
^ c. 61, and beerhouse, ciderhouse, and refreshment-
censes for consumption of liquor on the premises. And when
)iise keeper obtains a six-day license under 9 G^. 4, c. 61,
IS still bound, like other innkeepers, to afford meat and
freshment to travellers on Sundays if he so holds himself out
lot, however, owing to the express enactment in the Act,
ection 10, sell liquors on Sunday to travellers, or any
xrhatever, except to those lodging in his house ; and there-
hat extent gets rid of the common law duty.
Christmas Day and Good Friday, see notes to Act, 1874,
3.
section was extended to the United Kingdom by 43 & 44
2(), 8. 44.
>. Licenses may he removed from one part of
rict to (mother^ ^C,] Licenses may be removed
ne part of a licensing district to another part of
me district, or from one licensing district to
r licensing district within the same comity, in
r following : —
application for an order sanctioning removal shaD
) made by the person desiring to be the holder of
le license when removed, and shall be made at a
3neral annnal licensing meeting, or any adjoum-
ent thereof, to the justices authorised to grant
3w licenses in the licensing district in which the
remises are situated to which the license is to be
moved.
ice of the intended application shall be given in
le same manner as notice is given of an application
r the grant of a new license.
)py of the notice shall be personally served upon
• sent by registered letter to the owner of the
*emises from which the license is to be removed,
LICENSING ACT, 1872, S. 50.
and the holder of the license, unless he is also
applicant.
The justices to whom the application is madei
not make an order sanctioning such remoYal m
they are satisfied that no objection to such rem
is made by the owner of the premises to which
license is attached, or by the holder of the lice
or by any other person whom such justices fl
determine to have a right to object to the renw
Subject as aforesaid, such justices shaD have the 8
power to make an order sanctioning such rem
as they have to grant new Hcenses ; but no i
order shall be valid unless confirmed by the i
firming authority of the licensing district.
The removal of a license was a novelty introduced in 1
when the justices could not grant a new license, as was l3i€
under the Intoxicating Liquor Licences Suspension Act of )
now repealed. But now that the justices are subdivided into
bodies— one a licensing and the other a confirming body,
without any restriction on their absolute joint discretion i
granting new Hcenses ^except as regards some of the hoosee:
fioned in the Wine and Beerhouse Acts) — there seems litde
sion for continuing this practice. Moreover, as the applie
for removal of a license or certificate is put on the same looti
an application for a new license, it is difficult to see^
advantage is to be gained by applying for a removal It i
compulsory in the justices to grant it. If they refuse it, tb
no appeal. If they grant it, it must still be confirmed (imlf
off-hcense) by the confirming authority. In the case of a
wine, off-spirit, off-sweets, or off-cider license, the justices a
refuse unless on one of the four m^ounds set forth in 32 & 33
c. 27, 8. 8. The fact that if the license or certificate be rem
there will be no addition to the aggregate number of lio
houses, is the only circumstance which may tell in its favou
if a new license were applied for, and it were shown, as il
be, that somebody else did not intend to apply for a lenewa
same circumstances would exist in fiEtvour of an application
new license. No confirmation is required if it is an off-lie
Licensing Act, 1874, s. 24.
35 & 36 VICT. 0. 94, s. 51. 93
words " or by any other person whom such justices shall S6Ct. 50»
ine to have a right to object to the removal," seem to con- .^"^
te the case of a mortgagee or other person having a l^d Worm.
t in the premises, as was seen in Garrett v. MidMesex J J,
\ Garrett, 12 Q. B. D. 620; 48 J. P. 358; 63 L. J. M. C. 81;
B. 646.
party applying for a removal may combine with his appli-
one for a provisional grant to a house, not yet built out
to be built See Act, 1874, s. 22.
Legal Proceedings.
I, Strnimary Proceedings for offences under
A.cty ^c] Except as in this Act otherwise ex-
y provided, every oflfence under this Act may be
3nted, and every penalty and forfeiture may be
ered and enforced, in manner provided by the
nary Jurisdiction Act, 1848, subject to the fol-
g provisions : —
The court of summary jurisdiction, when hearing
and determining an information or complaint,
other than in a case where the oflfence
charged is that of being found drunk in any
highway or other public place, or any licensed
premises, shall be constituted either of two or
more justices of the peace in petty sessions
sitting at a place appointed for holding petty
sessions, or of a stipendiary magistrate or some
other ofl&cer for the time being empowered by
law to do alone any act authorised to be
done by more than one justice of the peace,
sitting alone or with others at some court or
other place appointed for the administration ot
justice :
{Repealed by 47 & 48 Vict. c. 43, sched.)
{Repealed by 47 & 48 Vict. c. 43, sched.)
94 LICENSING AOT, 1872, s. 51,
Sect. 51. (4) (Part of this sub-section repealed by 47 k
Vict. c. 43, sched.)
In all cases of summary proceedings
this Act, the defendant and his "wife
competent to give evidence.
(5) All forfeitures shall be sold or otherwise
of in such manner as the court may direci| i
the proceeds of such sale or disposal (^\
shall be applied in the like manner as
but the court may direct that such
may be applied in the first instance in
the expenses of and incidental to any
and seizure which resulted in such forfeii
(6) Penalties and forfeitures under this Act shaD^
for the purpose of any Act respectiiig
application of such penalties, or the
charges, and expenses attending pi
for recovery of such penalties or of forfc
be deemed to be penalties or forfeitures
any Act relating to the Inland Revenue.
Any oflScer appointed by the Commissioners rf
land Revenue may sue for any penalties under
Act, and when so sued for any penalties which
be recovered shall be applied in the manner in
excise penalties are for the time being applicable Ijl
Where under this Act any sum for costs (other
costs upon a conviction or order of dismissal of an il
mation) or for compensation, or both, is ordered
awarded to be paid by any person, the amount
shall be recovered in manner directed by " The Si
mary Jurisdiction Act, 1848," for the recovery
costs awarded upon the dismissal of an infoimatioii '
complaint.
35 & 36 VICT. c. 94, s. 51. 95
le offences specified in sub-section 1 are those in section 12, Sect. 51.
p. 16. —
^fendcmt and wife as witnesses.']— Th^ allowing of a ^°^'
odant (dause 4), in a ciindnal proceeding, and his wife to
evidence was a novelty ; but it has since been applied to
7 other cases. Being competent witnesses, the defendant and
wife are also compellable witnesses, and are on the same
ing as other mamed witnesses. Where the wife is the
ised person, and is summoned, she as well as her husband
both give evidence. Seager v. White, 48 J. P. 436 ; 51
'. (n.s.) 261.
^roced/wre under Summary Jv/risdiction Acts. — This
on having been partly repealed is now replaced by the Swrn-
y Jturifdiction Acts, 11 & 12 Vict. c. 43, 42 & 43 Vict c 49,
c 48 Vict. c. 43, which contain the following enactments.
Ascription of offence and proof of exceptions, dc. —
The description of any offence in the words of the Act, or any
sr, bye-law, regulation, or other documents creating the
ace or in similar words shall be sufficient in law. (2) Any
sption, exemption, proviso, excuse, or qualification, whether it
B or does not accompany in the same section, the description
flie offence, in the Act, order, bye-law, regulation or other
ament creating the offence, may be proved by the defendant,
need not be specified or negatived in the information or com-
nt ; and if so specified or negatived no proof in relation to the
ter so specified or negatived shall be required on the part of
informant or complainant : 42 & 43 Vict. c. 49, s. 39. The
end rule is that a person who relies on his license as a defence
oond to prove it : Turner v. Johnson, 51 J. P. 22.
lie summons in all cases where a licensed person is accused
II state that the production of his license will be required, as
dark of the court may have to indorse some particulars upon
license : Licensing Act, 1872, section 55, 'post,
litigation of punishment. — Where a court of summary
Bdiction can impose imprisonment or fine, that court may
Ofle the imprisonment without hard labour, and reduce the
mbed period, or do either of those acts, and in case of fine, if
respect of a first offence may reduce the prescribed amount :
i 413 Vict. c. 49, s. 4. See-also Licensing Act, 1874, section 12,
caie of imprisonment for non-payment of money.] The
od of imprisonment imposed by a court of summary jurisdic-
nnder this Act, or under any other Act, whether past or
"96 LICENSING ACT, 1872, s. 51.
" Summary Procedure"
Sect. 51. future, in respect of the non-payment of any sum of
— adjudged to be paid by a conviction, or in resx)ect of the
Note, ^f ^ suflScient distress to satisfy any such sum, shall, n
standing any enactment to the contra^ in any past Ac^ bl
period as in the opinion of the court will satis^ the justue ~
case, but shall not exceed in any case the maximum fixed 1
following scale ; that is to say, —
Where the amount of the sum or sums of money
adjudged to be paid by a conviction, as ascer- The said poiM
tained by the conviction, shall not ezoeii
Does not exceed ten shillings - - Seven day*
Exceeds ten shillings but does not ex-
ceed one pound . - - - Fourteen dajft
Exceeds one pound but does not exceed
five pounds One montk
Exceeds five pounds but does not exceed
twenty pounds ----- Two montlMi
Exceeds twenty pounds . - . Three mautti
And such imprisonment shall be without hard laboni^
where hard labour is authorised by the Act on which tfcft
viction is founded, in which case me imprisonment ma^'
court thinks the justice of the case requires it, be wni
labour, so that the term of hard labour awarded do not fi
the terms authorised by the said Act. 42 & 43 Vict c. 48^ ft
Payment by instalments of or security taken for
of money,'] A court of summary jurisdiction, by whose t
or order any sum is adjudged to be paid, may do all or any of ■
following things, namely, —
(1) AUow time for the payment of the said sum ; and
(2) Direct payment to be made of the said sum by inntnliw^
and
(3) Direct that the person liable to pay the said sum ahiD 1
at liberty to give to the satiafiaction of that court, tf(
such other court of summary jurisdiction, or such pflrt
as may be specified by that court, security with or ^
out a surety or sureties for the payment of the saidii
or of any instalment thereof, and such security nuj >
given and enforced in manner provided by this Act^
Where a sum is directed to be paid by instalments and dlW
is made in the payment of any one 'instalment, the same pRMtfj
ings may be taken as if default had been made in paymoit of ■
the instalments then remaining unpaid.
A court of summary jurisdiction directing the payment of i
sum or of an instalment of a sum may direct such payment t>'
35 & 36 VICT. c. 94, s. 51. 97
** Surnma/ry Procedure.*'
at such time or times, and in such place or places, and to S6Ct. 5L
)ei8on or persons, as may be specified by the court ; and y~"
person to whom any such sum or instalment is paid, where ^"'■»
\B derk of the court of summary jurisdiction, shall as soon
y be account for and pay over the same to that clerk : 42 &
ct c 49, s. 7.
ovisions as to costs in the case of small fines.] Where
adjudged by a conviction by a court of summary juris-
»n to be paid does not exceed five shillings, then, except
' as the court may think fit to expressly order otherwise, an
shall not be made for payment by the defendant to ^e
nant of any costs ; and tne court shall, except so far as they
: fit to expressly order otherwise, direct all fees payable or
by the informant to be remitted or repaid to him ; the court
also order the fine or any part thereof to be paid to the
mant in or towards the payment of his costs : 42 & 43 Vict
8.8.
rwer of court to discharge accused witlwut punish-
5.] If upon the hearing of a charge for an offence punishable
immary conviction under this Act,or under any other Act,
ber past or future, the court of summary jurisdiction think
though the charge is proved the offence was in the particular
)f so trifling a nature that it is inexpedient to inflict any
ihment, or any other than a nominal pimi^hment, —
The court, without proceeding to conviction, may dismiss
the information, and, if the court think fit, may order
the person charged to pay such damages, not exceeding
forty shillings, and such costs of the proceeding, or
either of them, as the court think reasonable ; or
The court upon convicting the person charged may dis-
charge him conditionally on his giving security, with or
without sureties, to appear for sentence when called
upon, or to be of good behaviour, and either without
payment of damages and costs, or subject to the pay-
ment of such damages and costs, or either of them, as
the court think reasonable :
ded that this section shall not apply to an adult convicted
nuance of this Act of an offence oi which he has pleaded
r, and of which he could not, if he had not pleaded guilty,
Avicted by a court of summary jurisdiction : 42 & 43 Vict.
8.ia
ght to claim trial by jury in some summary offences.}
non when charged with an offence for which an offender is
H
98 LICENSING ACT, 1872, s. 51.
Sect. 51. ** Summary 'procedure"
Note, liable on 8iimmaiy conviction to be imprisoned for i
exceeding three months, and which is not an assanltyiB
appearing before the court and before the charge is sone iH
not afterwards, claim to be tried by a jury, and meieqM
court of summary jurisdiction shall deal with the case :
respects as if the accused were charged with an indictable oi
and the offence shall be deemed to be an indictaUe oi
42 & 43 Vict. c. 49, s. 17.
jfower 10 award costs of con/oiction or dismissal.] '.
cases of summary convictions or orders, it shall be lawli
the justice or justices making the same in his or their diflfli
to award and order that the defendant shall pay to the proM
or complainant such costs as shall seem just and reasooaib
that behalf. And where such justice or justices shall di
the information or complaint, it shall be lawful for him or i
in his or their discretion in and by his or their order of dni
to award and order that the prosecutor or complainant reqpeek
shall pay to the defendant such costs as to such justice <ff JM
shall seem just and reasonable, and the sums so allowed nr
shall in all cases be specified in such conviction or oidt
dismissal aforesaid, and the same shall be recoverable by dif
&c.: 11 & 12 Vict. c. 43, s. 18.
The costs, for example, ordered by the confirming aoft
under the Licensing Act, 1872, section 43, ante, p. 81, are to I
covered as set out in the above section of 11 & 12 Vict c. 4(>
Power to justices to issue warrant of distress audi
mitment,'] Where a conviction adjudges a pecuniary pfl
or where an order requires the payment of a sum of numflft
no mode of raising or levying such penalty, compensatifl
sum of money, or of enforcing the payment of the same it I
or provided, any justice of the same county, division, boroiifi^
may issue his warrant of distress under his hand and seal; «
case of insufficient distress, another justice may, by indone
on the warrant, authorise distress and sale ox derendanfs |
within such other county or place: 11 & 12 Vict c 43» i
Until such wairant of distress is executed the defendant mi
suffered to go at large, or be detained unless he give sni
security to appear at the time and place for the return ci
warrant : Ihid, s. 20. If, on return of such warrant of diatm
sufficient distress is found, the justice may order the oosflld
convey the defendant to the house of correction or common
to be miprisoned [and kept to hard labour] for the time dii
by the statute : ibid. s. 21. Where the statute in that \
35 & 36 VICT. c. 94, s. 51. 99
" Summary procedure." Sect 51.
lea no furtlier remedy in default of distress, or where the Notje.
88 ia insufficient, or where no mode of enforcing payment
i penalty, &c., the defendant may be committed to imprison-
; forthree calendar months : Ibid. s. 22 ; 21 & 22 Vict, c 73, s. 5.
itigations of warrant of distress and commitment.] (l)
art of summary jurisdiction, to whom application is made
T to issue a warrant of distress for any sum adjudged to be
by a conviction or order, or to issue a warrant for committing
caon to prison for non-payment of a sum of money adjudged
B paid By a conviction, or in the case of a sum not a civil
; 1^ an order, or for default of sufficient distress to satisfy any
L sum, may, if the court deem it expedient so to do, postpone
iflfiue of such warrant until such time and on such conditions,
ay, as to the court may seem just
Q The wearing apparel and bedding of a person and his
ily, and to the value of 61. the tools aud implements of his
le, shall not be taken under a distress issueu by a court of
•^ jniisdiction. '
8) Where a person is adjudged by the conviction of a court of
unary jurisdiction or in the case of a sum not a civil debt by
order of the court to pay any sum of money, and in default
Mmnent of such sum, a warrant of distress is authorised to be
ied, and it appears to the court of summary jurisdiction to
om application is made to issue such warrant, that such
wm has no goods whereon to levy the disti'ess or that in the
nt of a warrant of distress being issued, his goods will be
afficient to satisfy the money payable by him, or that the
J of the distress will be more injurious to him or Yda family
n imprisonment, such court instead of issuing such warrant
distress may, if it think fit, order the said person, on non-
nnent of the said sum, to be imprisoned for any period not
ceding the period for which he is liable imder such conviction
nder to be imprisoned in default of sufficient distress.
i) Where on application to a court of summary jurisdiction
isae a warrant for committing a person to pnson for non-
ment of a sum adjudged to be paid by a conviction of any
irt of Bommary jurisdiction or in the case of a sum not a civil
il^ by an order of such court or for default of sufficient distress
mwfy such sum, it appears to the court to whom application
ude, that either by payment of part of the said sum whether
the shape of instalments or otherwise, or by the net proceeds
die distress, the amount of the sum so adjudged has been
need to such an exent that the unsatisfied Dakaice if it had
istitoted the original amount adjudged to be paid by the
h2
100 LICENSING ACT, 1872, S. 51.
Sect. 61. conviction or order would have subjected the defendant
-^ — maximum term of imprisonment, less than the term of ioifi
PJOTB. ment, to which he is liable under such conviction or om
court shall, by its warrant of commitment, revoke the ta
imprisonment, and order the defendant to be impriaoaed
term not exceeding such less maximum term instead of ft
term originally mentioned in the conviction or order: 41
Vict. c. 49, s. 21.
The forms of warrants of distress and commUmad me
contained in the Summary Jurisdiction Rules, 1886.
A wanant of cormnitmeTU is not to be void for a defect i
alleged therein that the offender has been convicted and
is a valid conviction or order : 42 & 43 Vict. c. 49, s. 39.
A warrant of distress will not be void for a defect if it
that a conviction or order has been made, and there is a go
valid conviction or order: 42 & 43 Vict. c. 49, s. 39. The n
executing a warrant of distress is set forth in 42 & 43 Vict, c 48
Where no method of recovery of penalty provided,
all cases where no method of recovery of a penalty or :
provided the above enactments of 11 & 12 Vict. c. ^ 88l
and 42 & 43 Vict c. 49, s. 21, shall apply to Boeh reo
47 & 48 Vict. c. 43, s. 5.
Proof of summary conviction.] (1) The clerk of evw]
of summary jurisdiction shall keep a register of the minn
memorandums of all the convictions and orders of such com
(2) Such register, and also any extract from such n
certified by the clerk of the court keeping the same to be
extract, shall be primd fade evidence of the matters «
therein for the purpose of informing a court of summary jn
tion, acting for the same county, borough, or place as the
whose convictions, orders and proceedings are entered i
register ; but nothing in this section shall dispense wit
legal proof of a previous conviction for an offence when ra
to be proved against a person charged with another offena
Every such register shall be open for inspection without
reward by any justice of the peace, or by any person audi
in that behalf by a justice of the peace, or by a secretary of
42 & 43 Vict c. 49, s. 22. See also as to proof of convict)
other cases, 34 & 35 Vict c. 112, s. 18.
Proof of service of process , notices^ dc] A solemn d(
tion before a justice of the peace as to service is primi
evidence of service : 42 & 43 Vict. c. 49, s. 41.
Forfeitures sold.] The above provision as to sale of fiafe
will apply to the liquor declared oy section 3, also by Act
section 17, to be forfeited.
86 & 86 VICT. 0, 94, s. 52. 101
vUHes.^ The mitigatioii of penalties is provided for in Soct. 51.
ang Act, 1874, section 12, post, and notes tnereon ; also by Nnrv
mmary Jurisdiction Act, 1879, 42 & 43 Vict c. 49, s. 4, anU, *
As to application of penalties, see this Act, 1872, sec-
S and notes, post. The Urown may remit the penalty : 22
.32.
J. Appeal to quarter sessions.~\ If any person
aggrieved by any order or eon^^ction made by a
of smnmary jurisdiction, the person so aggrieved
ippeal therefrom, subject to the conditions and
itions foUowing :—
The appeal shall be made to the next court of
quarter sessions. [The rest of this section was
repealed by 47 & 48 Vict. c. 43, sched.]
section does not affect the right of appeal against a refusal
ces to renew or transfer licenses or certificates ; as to which,
to the notices and other proceedings respecting such appeal,
feo. 4, c. 61, s. 27, and notes, post.
er this section, as originally drawn, it was held necessary
e each of the convicting justices with notice of appeal, and
) serve the clerk of the justices only was not sufficient :
V. Bu88, 3 Q. B. D. 13 ; 41 J. P. 87 ; 37 L. T. (n.s.) 533 ;
r. M. C. 35 ; 26 W. R. 210. And this was the rule in all
1868 of convictions : R, v. Reading, 10 L. J. M. C. 126 ;
Iheshire J J., 11 A. & E. 139 ; 3 P. & D. 23n. But see now
person aggrieved,'] The person aggrieved is the person
18 been convicted, or against whom an order has been made,
i a license holder was convicted, it was held that the land-
is no right to appeal to quarter sessions though his interest
« indirectly affected by the conviction : K. v. Andover
t^ 16 Q. B. D. 711 ; 50 J. P. 549 ; 55 L. J. M. C. 143 ;
r. 23 ; 34 W. R. 456.
wnary Jurisdiction Acts, 1879 and 1884, as to
b.] The procedure as to appeals against summary con-
8 under the Licensing Acts is now regulated by the
wu Jurisdiction Acts, 1879, 42 & 43 Vict c. 49; 1884,
3 Vict, c 43.
oedure on appeal to general or qtcarter sessions,]
any person is authorised (some words here fitruck out by
02
LICENSING ACT, 1872, S. 52.
Ct. 52.
Note.
Procedure cm Appeals,
47 & 48 Vict. c. 43, sched.) to appeal from the convictkni
order of a court of summary jurisdictioii to a court of gaiocdU
quarter sessions, he may appeal to such courts subject to "
conditions and regulations following :
(1) The appeal shall be made to the prescribed court of ^
or quarter sessions, or if no court is prescribed, to
neod practicable cowrt of general or quarter
having jurisdiction in the county, borough or plmi
which the said court of summary jurisdiction Ml
and holden not less than fifteen days afl.er the dbjj
which the decision was given upon which the coim
or order was founded ; and
(2) The appellant shall, within the prescribed time, or if
time is prescribed within seoen days after the diy •
which the said decision of the court was given, ^
notice of appeal by serving on the other party
the clerk of the said court of summary ji
notice in writing of his intention to appeal, and of
general grounds of such appeal ; and
(3) The appellant shall, within the prescribed time, or if j
time is prescribed within three days after the day oni ' '
he gave notice of appeal, enter into a recognissaniot '
a court of summary jurisdiction, with or without a i
or sureties as that court may direct conditioned to
at the said sessions and to try such appeal, and to
the judgment of the court of appeal thereon, and to^
sucn costs as may be awarded by the court of
the appellant may, if the court of summary ji
before whom the appellant appears to enter into
recognizance think it expedient instead of entering]!
a recognizance, give such other security, by dq "^
money with the clerk of the court of summary ji
tion or otherwise, as that court deem suj£cient ; add
(4) Where the appellant is in custody^ the court of smBBiV]
jurisdiction before whom the appellant appears to
into a recognizance may, if the court think fit, on ttii ^
appellant entering into such recognizance or givuig wtk
other security as aforesaid, release him from custody ; all
(5) The court of appeal may adioum the hearing of the v pfA
and upon the hearing thereof may connnn, leFam^ V
Twodify the decision of the court of summary joriadietn
or remit the matter, with the opinion of the comtv
appeal thereon, to a court of summary jurisdiction MtiiV
for the same county, borough or place as the coait If
35 & 36 VICT. c. 94, s. 52. 103
Procedure on Appeals, Sect 52.
whom the conviction or order appealed against was made, Note.
or may make such other order m the matter as the court
of appeal may think just, and may by such order exercise
any power which the court of eummarv jurisdiction
might have exercised, and such onler shall have the
same effect, and mav be enforced in the same manner, as
if it had been made oy the court of summary jurisdiction.
The court of appeal may also make such oixler as to costs
to be paid by either party as the court may think just ;
and
Whenever a decision is not confirmed by the court of appeal,
the clerk of the peace shall send to the clerk of the court
of summary jurisdiction from whose decision the appeal
was made, for entry in his register, and also indorse on
the conviction or order appealed against, a memorandum
of the decision of the court of appeal, and whenever any
copy or certificate of such conviction or ortler is made, a
copv of such memorandum shall be added thereto, and
shall be sufficient evidence of the said decision in every
case where such copy or certificate would be sufficient
evidence of such conviction or order ; and
Every notice in writing required by this section to be given
by an appellant shall be in writing signed by him, or by
his agent on his behalf, and may be transmitted as
a registered letter by the post in the ordinary way, and
shall be deemed to have been served at the time when it
would be delivered in the ordinary course of the post :
42 & 43 Vict c. 49, s. 31.
) quarter sessions always have power to dismiss the appeal
aground of the notice being bad: 12 & 13 Vict. c. 45, s. 2 ;
Lancashire JJ., 41 J. P. 293. A person convicted under the
rttion of Crimes Act, 34 & 35 Vict c 1 12, s. 10, of harbouring
18, afUe, p. 28, is entitled to appeal in the same way as if he
ionyicted under the Licensing Acts : 39 & 40 Vict. c. 20, s. 5,
y, 29. The appeal from excise convictions is now also under
Acts: ReAuthers, 22 Q. B. D. 355; 53 J. P. 116; 58 L. J.
62 ; 37 W. R. 320. The quarter sessions cannot add fur-
estrictions on the appeal : K. v. Pawlett, L. R. 8 Q. B. 491 ;
P. 776 ; 29 L. T. 390.
oUcation of provisions respecting appeals to quarter
m to appeals under prior Acts,] [The previous part of
ction was repealed by 47 & 48 Vict c. 43, sched.]
ere any past Act, so far as unrepealed, prescribes that any
L from the conviction or order of a court of summary juris-
104 LICENSING ACT, 1872, s. 52.
Sect. 52. Procedure on Appeals.
Note, diction shall be made to the next court of general or
sessions, such appeal may be made to the next piacticabl
of general or quarter sessions having jniisdiction in the
borough or place for which the court of summary jraii
acted, and held not less than fifteen days after the day oi
the decision was given upon which the convictiun o
appealed against was founded : 42 & 43 Vict c. 49, a. 32.
Appeal from court of summary jurisdiction by .
case.] (1) Any person aggrieved who desires to questioi
viction, order, determination, or other proceeding of a c
summary jurisdiction, on the ground that it is erroneous i
of law, or is in excess of jurisdiction, may apply to the c
state a special case setting forth the facts of the case i
grounds on which the proceeding is questioned, and if tfa
decline to state the case, may apply to the High Court of
for an order requiring the case to be stated.
(2) The application shall be made and the case stated
such time and in such manner as may be from time t
directed by rules under this Act, and the case shall be hrt
determined in manner prescribed by rules of court made
suance of the Supreme Court of Judicature Act, 1875, (
Acts amending the same ; and, subject as aforesaid, t
20 & 21 Vict. c. 43, intituled " An Act to improve the a
tration of the law so far as respects summary proceedinfls
justices of the peace," shall, so far as it is applicable, applj
special case stated under this section, as if it were stii©
that Act : 42 & 43 Vict. c. 49, s. 33. (The Summary Jurij
Rules, 1886, allow the application to be made in writing
seven days from the date of the proceeding to be question
require the case to be stated within three months :) Provi<
nothing in this section shall prejudice the statement of an]
case under that Act : 42 & 43 Vict. c. 49, s. 33.
The demand of a case for the opinion of the High Cour
20 & 21 Vict. c. 43, s. 2, and 42 & 43 Vict. c. 49, must 1
in writing to at least two convicting justices, that is to
written notice must be served personally, or at the resides
by registered letter to, those justices, and also a copy J
served on the clerk to the justices : Sovih Staffordshire J J.
19 Q. B. D. 168 ; 51 J. P. 662 ; 66 L. J. M. C. 122 ; 67 L
36 W. K. 76 ; LockhaH or Butter v. St, AlbanSy 21 Q. K
62 J. P. 420 ; 57 L. J. M. C. 118; 36 W. R 420.
Who may demand a case,] Not merely the peraon ai
but either party to the proceeding may demand a case to 1
35 & 36 VICT. c. 94, s. 53. 101
»
Procedure on Appeals, Sect 52>
le opinion of the High Court under 20 & 21 Vict. c. 43, s. 2. Note.
onder 42 & 43 Vict c. 49, s. 33, it is only a prson aggrieved
can demand a case. See as to refusal of license, 9 Qeo. 4,
f 8. 27, and notes, post,
onditions as to case stated.] In demanding a case the
leant is not bound to state the point of law with which he is
ttisfied : B, v. Newton^ 43 J. P. 351 ; Ex 'parte Markham, 34
. 160. The recognizance will be in time if entered into before
rery of the case ; Stanhope v. Thursby^ 35 L. J. M. C. 182 ; 30
'. 342. And the appellant may take points not taken in the
.t below, if fatal to the respondent : KnigJU v. HalHwelly L. R.
, B. 412 ; 38 J. P. 470. The justices may, after deciding that
r have no jurisdiction, state a case : Muir v. Hoare, 47 L. J.
3. 17 ; 37 L. T. 315 ; 41 J. P. 471.
y asking a case to be stated, an appeal to quarter sessions is
7ed : 20 & 21 Vict c. 43, s. 14. And a certiorari is also usually
7ed, unless great delay has occurred : Palmer v. Thatcher, 3
B. D. 346; 47 L. J. M. C. 54; 42 J. P. 213; 37 L. T. 786.
lie computation of days includes Sunday : Peacock v. i2.,
. B. (N.B.) 264 ; 27 L. J. M. C. 224 ; 22 J. P. 403 ; 31 L. T. 101 ;
mrte Simpkins, 29 L. J. M. C. 23 ; Wynne v. Ronaldson, 29
P. 566.
lie statutory conditions of transmitting the case to the Cro\^Ti
58 are conditions precedent to the hearing of the case by the
f Court, unless the appellant found it impossible to comply
them : Morgan v. Eauxirds, 20 L. J. M. C. 108 ; 5 H. & N.
i; 24 J. P. 245; Woodhome v. Woods, 29 L. J. M. C. 149;
J. P. 759 ; 1 L. T. 59 ; Mayer v. Harding, L. R. 2 Q. B. 410 ;
J. P. 376 ; 16 L. T. 429.
53. Continuance of license during pendency of
peal against justices' refusal to renew.] wiiore
5 justices refuse to renew a license, and an appeal
Binst such refusal is duly made, and such license
pres before the appeal is determined, the Commis-
«ters of Inland Revenue may, by order, permit the
rson whose license is refused to carry on his business
ring the pendency of the appeal upon such conditions
ihejr think just ; and, subject to such conditions, any
fson so permitted may, during the continuance of such
06 LICENSING ACT, 1872, S. '
. 53. oHer, cany on his bni-ines^ in the same manner as if i
renewal of the license had not been refdsed.
Where a license is forfeited on or in pnrsoanoe
convir^tion for an offence, and an appeal is dnlj
against such conWction, the conrt by whom the
lion was made may, by order, grant a temporary
U) Uj in force dnring the pendency of the appeal
such conditions as they think just.
ThiH M'j:X\(jn Is Himilar to 33 & 34 Vict, c 29, a. 9, now re^
ami exteixrU to alehoitsea as well as to the houses mentiinied
the Wine and Beerhoase Acts.
Th(j worrls *' refuse to renew " are obviously used not in
technical .sense given to the words *' renewal oi a license " as
in s^;ction 42, and as defined in section 74, but in the po[
i>A'Mm adopted in R. v. Lawrence or Liverpool^ 11 Q. K D. M
47 J. W 596; 52 L. J. M. C. 114; 49 L. T. 244; 32 W.R.1
namely, ^^ refuse to continue a license to the same house," whelll
the Harrie perftrm hold such license or not. Hence this section ma
oliviounly include transfers as well as renewals.
Wli(;re the holder of a license or certificate dies, see section S(
tliis Act, and 9 Geo. 4, c. 61, s. 14.
54. Conviction^ ^c, not to he quashed for wm
offormy or removed by certiorari.] No conviction (
onhjr inmlo in pursuance of this Act, originally or o
appeal, relative to any ofifence, penalty, forfeiture <
Hunnnary order, shall be quashed for want of form, or
made l)y a court of summary jurisdiction, be remove
by cei'tiorari or otherwise at the instance of the Cron
or of any j)rivate party, into any superior conrt. [H
rest of this section repealed by 47 & 48 Vict. c. 43.]
If the conviction has been ^vrongly drawn up, a fresh convictk
nmy be drawn uj) Inifore filing with the clert of the peace: J
Ihifie Austiuj 45 J. P. 302 ; Ex parte Ke7iyofiy 46 J. P. 303.
This section does not taJce away the certiorari where want<
jurisdiction or fraud is shown by affidavit : B, v. Bolton, 1 Q. B. 01
Be Bailey, 3 £. & B. 607 ; i^ v. GiUyard, 12 Q. K 527.
35 & 36 VICT, c. 94, s. 55. 107
Sm '^s to record of convictions of licensed Sect 58.
ms for offences under Act.~\ With respect
le record of convictions of licensed persons for
jes under this Act committed by them as such, the
ring provisions shall have effect in cases where this
oquires the conviction to be recorded on the license ;
3 to say : —
The conrt before whom any licensed person is
accused shall require such j)erson to produce
and deliver to the clerk of the court the license
under which such person carries on business,
and the summons shall state that such produc-
tion will be required :
If such person is convicted, the court shall cause
the short particulars of such conviction and the
penalty imposed, to be indorsed on his license
before it is returned to the offender :
The clerk to the hcensing justices shall enter the
particulars respecting such conviction, or such
of them as the case may require, in the register
of licenses, kept by him under this Act :
If the clerk to the court be not the clerk to the
licensing justices, he shall send forthwith to
the last-mentioned clerk notice of such con-
viction, and of the particulars thereof :
I Where the conviction of any such person has the
effect of forfeiting the hcense, or of disquahfy-
ing any person or premises for the purposes of
this Act, the license shall be retained by the
clerk of the court, and notice of such forfeiture
and disquahfication shall be sent to the licensing
108 LICENSING ACT, 1872, s. 56.
SiecL^5, officer of the district, and if the deik ta
court is not the clerk to the licensing jinli
to such last mentioned clerk, together wSk
forfeited license.
While this section was part of the Act, 18*72, the rule
the justices were compelled to record some convictiont at
license, and in other cases had the power to do so if they tiM
fit. But now, by the Act, 1874, section 13, the justices ii
cases have a discretion as to recording the conviction on a lioi
As to the keeping of the register of licenses, see section 36^
p. 62, and notes. See also section 58, as to extracts ihxK
Deing given in evidence ; also Act, 1874, section 13, post
The holder of the license is suDJect to a penalty for refi
to deliver his license when demanded by certain persons.
section 64, post.
This section enables the court to get possession of the h
or certificate when the Act requires the conviction to be reca
But if for any cause the license cannot be got, the same efii
produced if the justices order a conviction to be recorded.
section 33, ante, p. 61.
The Summary Jurisdiction Act, 1879, 42 & 43 Vict, c 48, t
ante, p. 100, also contains provisions as to justices' clerks reg
in^ all convictions, and as to certified copies of extracts wn
evidence.
56. Fm^ protection of owners of licensed'^
mises in cases of offences committed by tenai
Where any tenant of any licensed premises is convi
of any ofifence against this Act, and such o£Fence is
the repetition of which may render the premises li
to be disqualified from receiving a license for
period, it shall be the duty of the clerk of the licei
justices to serve, in manner provided by this
notice of every such conviction on the 0¥aier ol
premises.
Where any order of a court of summary jnrisdic
declaring any licensed premises to be disqualified
receiving a license for any period has been made
35 & 36 VTOT. 0. 94, s. 56. 109
lall cause such order to be served on the owner Sect.56»
premises, where the owner is not the occupier,
e addition of a statement that the court will hold
sessions at a time and place therein specified, at
the owner may appear and appeal against such
n all or any of the following grounds, but on no
rounds : —
Chat notice, as required by this Act, has not
been served on the owner, of a prior offence,
which on repetition renders the premises liable
to be disqualified from receiving a license at
any period ; or
Chat the tenant by whom the offence was com-
mitted held under a contract made prior to the
commencement of this Act, and that the owner
could not legally have evicted the tenant in the
interval between the commission of the offence,
in respect of which the disqualifying order
was made, and the receipt by him of the
notice of the immediate preceding offence
which on repetition renders the premises liable
to be disqualified from receiving a license at
any period ; or
Chat the offence in respect of which the dis-
qualifying order was made, occurred so soon
after the receipt of such last-mentioned notice
that the owner, notwithstanding he had legal
power to evict the tenant, could not with
reasonable diligence have exercised that power
in the interval which occurred between the
said notice and the second offence.
e owner appear at the time and place specified,
110 LICENSING ACT, 1872, s. 56.
Sect. 56. and at such sessions, or any adjournment thereof, i
the court that he is entitled to have the order can
on any of the grounds aforesaid, the court shall
upon direct such order to be cancelled, and the
shall be void. (The rest of this section was repeik
Act, 1874, section 33.)
This section is intended to protect the owner of licenM
mises from the consequences of the offences committed 1
tenant or occupier. See the definition of owner in secti
and Licensing Act, 1874, section 29. The clerk of the lie
justices gets, as a matter of course, by the 55th section, nc
the conviction from the clerk of the convicting court Tl
words, " where any tenant of any licensed premises is can
of an offence against this Act, and such offence is one the
tion of which may render the premises liable to be disqua
apply to all those offences whicn, by the exercise of the mac
of the justices, would be recorded on the license or cert
Convictions can now only be recorded if the justices thii
though under the Act, 1872, it was otherwise. See Lie
Act, 1874, section 13. Whenever a conviction, which mi^
been recorded under the Act, 1872, t.e,, under sections 6,
14, 16, 17, 28, occurs, the clerk of the licensing justices is t
notice to the owner. Under the 30th section tne premises l
disqualified if the justices do not say the contrary. Und*
31st section the premises become disqualified whether the ji
say anything on the subject or not. Both cases are indadec
As to the offences in section 31, sub-section (3), which wiS
forfeiture in the first instance, and thereafter as conseqv
thereupon, disqualification of premises by the operation o
section, it seems the clerk would not require to give notia
these; but there seems no reason why he shoiud not gr
notice in those cases also.
The clerk obtains the name and residence of the owner 1
36th section, which obliges the applicant for a grant or re
to state the owner's name, and by section 70, wnich oblki
owner himself to give his name and address to the der£
also Licensing Act, 1874, section 29.
The second paragraph refers only to the cases where the
of the court " declares licensed premises to be disqualified
in those cases where the premises become disquidified nnd<
Act, whether the justices declare them to be so or not, sach i
paragraph seems not to apply, except in the cases sped!
section 31.
36 & 36 VICT. 0. 94, s. 58. 11 :
^An offence by a licensed person under the Sale of Food ilc^ is Soct. 56
ed as an offence nnder the Licensing Acts. See LicenBing jJZ^n
1874) section 15, post, and this Act, section 36, ante, p. 62.
tiie tenant has forfeited his license for a single offence, the
^ner may in some cases apply for a continuance of the license.
M Incensing Act, 1874, section 15.
!: As to service of notices, see section 70, post.
On the letting of a public-house there is no implied agreement
nthe part of the tenant not to do acts which may cause a for-
Htme of the license : Maw v. Hindmarsh, 28 L. T. (n.s.) 644
F.
t 57. ^s to catividion of licensed |>e9'«()?w of
tfore than one ojfence on same dayJ] Where a
poensed person is convicted of more offences than one,
iommitted on the same day, the convictions for which
pze by this Act directed to be recorded on his license,
Hie court by whom he is convicted may, in tlieir dis-
pwtion, order that one or some only of such convictions
pbdl be recorded.
I The offences here referred to need not be the same kind of
gftnces. The words, " by this Act directed to be recorded," now
^Bdnde those offences wmch the justices directed to be recorded,
[jit ooiQd have directed to be recorded, and thus all those under
jjgBetiQDB 5, 6, 13, 14, 16, 17, 28, are included. See Licensing Act,
"**74, section 13. When two or more recordable convictions occur
one day, the justices who have convicted may reduce to one
naml)er to be recorded. And it seems they may now say
^ \ none shall be recorded, for in all cases it is discretionary in
<1be justices to record any conviction : Licensing Act, 1874, sec-
Imh 13. Nor does this power apply to other than recordable
conrictions. It is ob\'ious that the justices aie intended to exer-
<iteiheir power of reduction and selection in recording several
ttBvictions, when the last of the convictions has been made.
58. Evidence of endorsements and register."]
He registers of licenses kept in pursuance of this Act
Aall be receivable in evidence of the matters required
hy this Act to be entered therein. Every endorsement
upon a license, and every copy of an entry made in the
112
LICENSING ACT, 1872, S. 59.
fleet. 58. registers of licenses in pursuance of this Act, pi
ing to be signed by the clerk to the licensing ji
and (in case of a copy) to be certified to be a true
shall be evidence of the matters stated in such ei
ment and entry, without proof of the signature^
authority of the person signing the same.
The register of licenses is regulated by section 36. See
section 31, and Licensing Act, 1874, section 13.
This section a;ives a convenient and easy mode of proYiBlj
endorsements by the official copy signed by the derk to
licensing justices.
See also a convenient mode of proving all convictions
Summary Jurisdiction Act, 1879, 42 & 43 Vict, c 49, s. 2S|<
p. 100, and the same under the Prevention of Climes Aet^
34 & 35 Vict c. 112, s. 18.
59. Saving for indictments , Sfc.^ under
Acts,^ Nothing in this Act shall prevent any
from being Kable to be indicted or punished under!
other Act, or otherwise, so that he be not pi
twice for the same offence.
This section prevents the implied repeal of previous
dealing with the same offence, and practically gives the
cutor the election to proceed under either, subject to this
tion, that after punishing the offender under either, he
afterwards punish him under the other enactment.
example of this double remedy under section 17. See
section 60 and 5 & 6 Vict. c. 44, s. 4. See also sections &
and 4 & 5 WilL 4, c. 85, ss. 17, 20. See also section 8, ana
there referred to. The enactment seems to include "any
Act" to be passed after 1872, and therefore will apply to
tion 10 of this Act, as compared with the Licensing ijet| *
section 17.
The general rule is that no person can be convicted
respect of the same subject-matter : Wemyss v. HoM/hm^ L.
Q. B. 378; 44 L. J. M. C. 101; 39 J. P. 549; 32 L.T.9;iB
691 ; Eddledon v. Barnes, 1 Ex. D. 67; 40 J. P. 89; 45 L J.
73; 34 L. T. 497; Sims v. Pay, 58 L. J. M. C. 39; 53 J. P.
Nevertheless, a revenue offence and a general statatoij
may arise on the same facts : Saunders v. Baldy^ 6 K & &
L. k 1 Q. B. 87; 30 J. P. 148; 14 W. R 177; 13 L. T.
35 & 36 VICT. 0. 94, s. GO. 113
Miscellaneous. Sect. 60.
Tisqiialification of justices to act under
] No justice shall act for any purpose under
or under any of the Intoxicating Liquor
Acts, except in cases where the offence
s that of being found drunk in any higliway
ublic place, whether a building or not, or on
ed premises, or of being guilty while drunk of
disorderly conduct, or of being drunk while
on any highway or other public place, of any
horse, cattle, or steam-engine, or of being
3n in possession of loaded fire-arms, who is or
ership with or holds any share in any com-
ch is a common brewer, distiller, maker of
lie, or retailer of malt or of anv intoxicating
he licensing district, or in the district or dis-
dning to that in which such justice usually
no justice shall act for any purpose under
or under any of the Intoxicating Liquor
espect of any premises in the profits of which
3e is interested, or of which he is wholly or
owner, lessee, or occupier, or for the owner,
occupier, of which he is the manager or
stice, hereby declared not to be qualified to
this Act, who knowingly acts as a justice for
e purposes of this Act shall for every such
liable to a penalty not exceeding one hundred
be recovered by action in one of her Majesty's
3urts at Westminster :
d that —
justice shall be disqualified under this section
o act in respect of any premises by reason of
I
114 LICENSING ACT, 1872, S. 61.
Beet. 60. his having vested in him a legal interest oi
and not a beneficial interest, in such piend
or the profits thereof :
(2) No justice shall be liable to a penalty for in
than one offence committed by him under {
section before the institution of any prooeedh
for the recovery of such penalty :
(3) No act done by any justice disqualified by t
section shall by reason only of such disqml
cation be invalid.
The offences referred to are contained in section 12, fli
p. 20.
" Acting under any of the Intoxicating Liquor Licensiiig Afl
mean, by section 74, the statutes 9 Geo. 4, c. 61 ; 32 & 33 T
c. 27 ; 33 & 34 Vict. c. 29, post.
If the justice be a shareholder in a company, which is ft bt
company, or of a railway or other company, which is the o«i
of a notel, that would, under this section, disqualify such jurfi
It is no disqualification if the business in which the jiutiBi
interested is carried on in a different county or place wjfl
another licensing district in England or Wales, umesfl it ii
adjoining district, or his premises are the subject of the p
ceedings.
The former disqualification of justices, under 9 Gea 4j,c'
s. 6, was moi-e extensive than under the present Act, for it i
equally a disqualification if the business was carried on aoyiA
in England. It was an oversight not to have repealed 5 1
Vict. c. 44, s. 4, which still keeps alive the more extended^
qualification of 9 Geo. 4, c. 61, s. 6, as regards justices aetmj
petty sessions under 5 & 6 Vict c. 44, s. 1. A justice who i
brewer, &c., may act in the cases excepted in the third liM
this section, namely, in adjudicating on charges of dronkenn
subject to the exception as to interestedness defined hyt
section.
61. Extension of jurisdiction of justices ot
river, water, ^c] For all the purposes of this i
any pier, quay, jetty, mole, or work extending fromi
place within the jurisdiction of any licensing justices
35 & 36 VICT. c. 94, s. 62. 115
of summaiy jurisdiction into or over any part of Sect. 61»
3a, or any part of a river within the ebb and flow
a tide, shall be deemed to be within the jurisdiction
:ch justices and court.
>r the purpose of jurisdiction in any proceeding
r this Act, any river or water which runs between
nns the boundary of two or more licensing districts,
f the jurisdiction of two or more courts of sum-
j jurisdiction, shall be deemed to be wholly within
such hcensing district and the jurisdiction of each
ich courts.
le jurisdiction of justices, irrespective of this enactment,
nds over the shore between high and low water mark :
leUni V. Brovm, 3 E. & E. 234 ; 30 L. J. M. C. 1. Hence, if a
h or tent were erected on the seashore where there are races,
used under an occasional license, and an offence were corn-
ed, the justices would have jurisdiction,
he Summary Jurisdiction Act, 1879, 42 & 43 Vict c. 49, s. 46,
iges this section, and makes any offence committed within
yards of a boundary, or begun in one jurisdiction and com-
ed within another, triable by either court ; and in the case of
iffence in respect of a carriage or vessel, any court through
ch the same passes during the journey has jurisdiction.
B2. Evidence of sale or consumption of in^
icating liquors.^ In proving the sale or consump-
i of intoxicating liquor for the purpose of any pro-
Bug relative to any offence under this Act, it shall
be necessary to show that any money actually passed
toy intoxicating Uquor was actually consumed, if the
trt hearing the case be satisfied that a transaction in
nature of a sale actually took place, or that any
isumption of intoxicating liquor was about to take
ce, and proof of consumption, or intended consump-
1, of intoxicating liquor on premises to which a
Bnse under this Act is attached, by some person other
i2
L16 LICENSING ACT, 1872, s. 63.
Sect. 62. than the occupier of or a servant in such piem
shall be evidence that such liquor was sold to
person consuming, or being about to consume, or ci
ing away the same by or on behalf of the holder of i
license.
The sections with reference to which this enactment wil
most used will be sections 3, 5, 6, 7, 8, and Act, 1874^ sectk
and the enactment meets the case where, for example, the p«
gives liquor in exchange for some valuable consideration, d
a pure gift be established, it will not be within this or the o
sections : Petherick v. Sargent, 26 J. P. 135 ; 6 L. T. 48.
evidence referred to in the latter part of the section means sf
f 04^16 or admissible, but not conclusive evidence, and it "wiU
be open for the defendant to rebut such evidence. It has I
held that where a drunken man accompanies a sober man
orders liquor, which is consumed by the drunken man, on lioei
premises, this is evidence of selling to the drunken in
Scatchard v. Johnson, 52 J. P. 389 ; 57 L. J. M. C. 41.
Where a wife held a license, and the^husband carried liqufl
a private house, and sold it at a raffle there going on, and raoi
back the money and gave it to the wife, she may be convicto
selling at an unlicensed place, contrary to section 3 : Seagi
White, 51 L. T. (n.s.) 261 ; 48 J. P. 436.
63. Avoidance of excise license on forfeii
of license.'] Where a license is forfeited in pursv
of this Act, or becomes void under any of the provifl
of this Act, any license for the sale of intoxica
hquors granted by the Commissioners of Inland Bevi
to the holder of such license shall be void.
When justices refuse to renew a license and the appK
appeals, or takes steps to keep alive the Hcense, the Is
Kevenue may grant a temporary license under section 53.
also where the license is forfeited, and an appeal is duly madf
convicting court may grant a temporary license : Section 5SL
cases of forfeiture for felony (see 3 & 4 Vict. c. 61, s. 7 ; 23 '
c 27, s. 22 ; 33 & 34 Vict c. 29, s. 14), a remedy is pointed
where a tenant for the first time is disquaUfiiea or forfeitf
felony the license. See Licensing Act, 1874, section 15.
35 & 36 vioT. c. 94, s. 65. 11!
4. Production of license hy holdei' and Sect 64
Ity on non-production^ Every holder of a license,
an order of exemption made by a local authority,
Tsnance of this Act, shall, by himself, his agent, or
nt, produce such license or order within a reason-
fcime after the production thereof is demanded by a
je of the peace, constable, or officer of Inland
jnue, and deliver the same to be read and examined
dm. Any person who acts in contravention of
section shall be liable to a penalty not exceeding
lonnds.
le order of exemption from closing hours, permanently or
oraiily by a local authority, is dealt "^-ith in sections 26, 29,
pp. 50, 55.
iia penalty will not be incurred unless a previous demand has
made by a person authorised to demand, namely, a justice
tie peace, constable, or officer of Inland Eevenue, and the
se has not been produced within a reasonable time. The
BT is entitled to have the license returned to him after it
been read and examined, unless, as may happen, the clerk of
justices is authorised to retain it in his hands for certain
ler purposes, as under section 55, sub-section (5). Every person
Qoned must also produce his license to the justices' clerk :
on 55, sub-section (1).
le burden of proof of a license as a defence lies on the defen-
, according to 42 & 43 Vict. c. 49, s. 39 : Turner v. Johnsoriy
P. 22.
15. Population to he according to last census.]
population of any area for the purposes of this Act
I be ascertained according to the last published
to for the time being.
lis section has reference to section 45, ante, p. 45 ; alsc
nsing Act, 1874, section 32, post.
I the Beerhouse Act, 3 & 4 Vict. c. 61, s. 1, the test of popula-
is said to be " according to the last parliamentary census,"
tting the word " published," and that Act is not incorporated
tu8 Act Hence, where a census depending on that Act was
118 LICENSING ACT, 1872, s. 66.
Sect* 65. not published, though otherwise known, the justices mu^u
.^ — upon it. See R. v. Cumberland J J., 8 Q. B. D. 369; 46 J. P.'
^^^^- 51 L. J. Q. B. 142 ; 30 W. R. 178.
66. Moiety of penalties may he awa/rded
police superannuation fund.l Any part not ez
ing a moiety of any penalty recovered under this
may, if the court shall so direct, be paid to the
annuation fund of the police establishment within
jurisdiction the offence in respect of which such
ties are imposed shall have occurred.
As to the application of penalties, see also section 61,
11 & 12 Vict. c. 43, s. 31. In boroughs having no court of qiurtv
sessions, but a separate commission of the peace, or neither cm
nor the other, the penalties, if not otherwise disposed o^ weietl
be paid to the treasurer of the county : Winn v. Mossman, L %
4 Exch. 292 ; 38 L. J. Exch. 200 ; 33 J. P. 743 ; 20 L. T. W|
Mayor of Rdgate v. Hunt, L. R. 3 Q. B. 244; 37 L. J. M. C.W;
18 L. T. 237; 16 W. R. 896; 9 B. & S. 129; 32 J. P. 342; B.*
Dale, 17 J. P. 342; 22 L. J. M. C. 44; 1 Dearsl 37.
The Municipal Corporations Act, 46 & 46 Vict, c 50, a. ^Si^^Kf
down the following rules for some boroughs :
Application of penalties in quarter sessions Ixmmgh]
(1) "VVliere by an Act passed or to be passed any fine, penally
or forfeiture is made recoverable in a summary mannex belBl
any justice or justices, and payable to the Crown or to any liofr
corporate, or to any person whomsoever, the same if recovered ni
adjudged before any justice of a borough having a separate oo*fc
of quarter sessions, shall, notwithstanding anythin^r in theilt
und!er which it is recovered, be recovered for and aclyadged to^
paid to the treasurer of the borough.
(2) But this section shall not apply to a fine, penall^tf
foneiture, or part thereof, where tne Act under which ft »
recovered,
(a) Directs payment thereof to the informer, or to any pen*
agf^eved :
(6) If passed since the Municipal Corporations Act, iM
directs that the same shall go in any other manner and not totki
borough funds :
(c) Kelates to the customs, excise, or post office, or to tndei'
navigation, or to any branch of the revenue of the Crown.
The Crown may remit the penalty : 22 Vict c 32.
35 & 36 VICT. 0. 94, s. 69. 11'
67. Liifrdt of mitigation of pe)ialtie8.^ (Re- S«ct67
foled by Licensing Act, 1874, section 12: see that
iciion, also 42 & 43 Vict. c. 49, s. 4, ante, p. 95.)
68. Regulations as to retail licenses of whole^
vie dealers/] No person shall sell by retail liqueurs or
pints under the authority of any retail license which
poh person shall have obtained as a wholesale spirit
letler from the Commissioners of Inland Revenue,
xcept in premises occupied and used exclusively for
he sale therein of intoxicating liquor, and which pre-
nises have no communication with the premises of nor
lie in any way occupied by a person who is carrying
HI any other trade or business, unless such person shall
live first obtained from the licensing justices a license
nitihorising such sale in premises not exclusively so
Kcapied and used.
The additional retail license here referred to is allowed to
iKDsed dealers in spirits by 24 & 25 Vict c. 21, s. 2, post; and
KB notes thereto.
As to the spirit dealer's license, see notes to section 3, cmte, p. 4,
*d Spirits Act, 1880, 43 & 44 Vict c. 24, post
Bie foreign or British spirits are to be sold in any quantity not
fall than one reputed quart bottle, or as to foreign liqueurs, in the
Mfles in which the same may have been imported.
Bie premises, if used exclusively for the sale of intoxicating
"Shot, are exempted firom any license by section 73, post,
69, Licenses for sale of liqueurs^ ^c, h\j
^ftml not to he consumed on the premises.] A
ncense for the sale of liqueurs or spirits by retail not to
w consumed on the premises may, where such license is
f^tdred by this Act, be granted in the same manner in
«1 respects in which a license for selling wine not to be
^nsTuned on the premises may by law be granted, and
120 LICENSING ACT, 1872, s. 69.
Beet. 69. an application for such a license shall not he reh
except upon one or more of the grounds on whUi
certificate in respect of a license to sell hy retail bil
cider, or wine not to he consumed on the premises fll
be refused. (Part of the section repealed hy464i
Vict. c. 39, sched.)
Provided also, that nothing in this Act containfld
to the requirements of a justices' license shall affect i
sale of liqueurs or spirits or sweets under any exd
license granted before the passing of this Act daring t
continuance of such excise license.
As to the license for selling wine not to he consumed gd I
premises, see 23 Vict. c. 27, s. 3 ; and 32 & 33 Vict, c 27, a. &
As the applicants for spirit and liqueur licenses for consni
tion off the premises are put on the same footing as wine lieeH
under 32 & 33 Vict. c. 27, and 33 & 34 Vict, c 29, it foUbWH tf
they must give notice before applying, as required by 32 &
Vict. c. 27, s. 7, and by Licensing Act, 1872, s. 40. TTieyC
only apply at the general annual licensing meetingor its adjoa
nient. See section 74, " Definition of License." The justices fl
only refuse the license or its renewal or transfer on the tk
first grounds stated in 32 & 33 Vict c. 27, s. 8 : R. v. ScfA,
Q. B. D. 481 ; 53 J. P. 119; 58 L. J. M. C. 78 ; 60 L. T. 231;
W. R. 301 ; R. V. Smith or Southport J J,, L. R. 8 Q. R 146;
J. P. 214; 42 L. J. M. C. 146; 28 L. T. 129; 21 W. fi. «
The fourth ground of refusal mentioned in 32 & 33 Vict t J
s. 8, has no application to these licenses, for they were nw
subject to any valuation qualification before 32 & 33 Vict c!
and that statute does not impose any new qualification di ti
kind. The license or certificate may be transferred in case
death, bankruptcy, &c., as in the case of other Ucenses : 83 k
Vict. c. 29, s. 4. See also this Act, section 3, an^ p. 3.
As regards the closing of mch premiseSf though they iff
comply with the hours set forth in the Licensing Act, 1874, i
tions 3, 9, yet the keepers can only be convicted for selling i
keeping open, &c., for the sale oif liquors. As they usualSri
other articles than Hquors they may keep open after prohibii
hours for the sale of other articles, provided they neither aefl
expose for sale nor keep open for the sale of liquors. They flhoi
therefore cover up the liquors in some way so as not to dp
35 & 36 VICT. c. 94, s. 70. 121
a to view of customers during the closing hours, and justices Sect. 60.
Id not in that case be warranted in convicting unless they ^ —
id that the keeping open for the sale of other articles than ^^'^^
DII8 was only a pretence. See Tassell v. Ovenden^ 2 Q. B. D.
5 41 J. P. 710; 46 L. J. M. C. 228 ; 36 L. T. 606; 25 W. R.
; Briffden v. Heighes, 1 Q. B. D. 330; 40 J. P. 661 ; 46 L. J.
0. 58 ; 34 L. T. 242 ; 24 W. R. 272 ; Ex parte Joynt, 38 J. P.
70. Notices may he served by j;o8f.] All notices
L docnments required ])y this Act to b(» served or sent
y, unless otherwise expressly provided, be served and
Kt by post, and, until the contrary is proved, shall be
smed to have been served and receiv(»d respectively at
I time when the letter containing the same would be
Svered in the ordinary course of post ; and in proving
)li service or sending it shall be sufficii^nt to prove
it the letter containing the notice or document was
Bpoid, and properly addressed.
Where any officer or other person interested in any
ensed premises is entitled to receive notice* of a con-
rtion under this Act, he shall supply his address to
B clerk or other person required to send such notice,
i any notice sent to such address shall be deemed to
duly served ; and where no notice is suppli(*d in pur-
ince of this section, all notices shall be deemed to ho.
}j served if sent to any address which such clerk or
ber person in the exercise of his discretion believes to
the address of the person to whom the notice was so
Provided that any notice of any offence required by
is Act to be sent to the owner of hcensed premises
ill be either served personally or sent by registered
ter.
rhe service of notices by registered letter was allowed by
6 S4 Vict. c. 29, s. 4, in cases of application for a new certifi-
122 LICENSING ACT, 1872, s. 72.
•Sect. 70. cate under 32 & 33 Vict. c. 27, s. 7. The same mode of ser
.^^ — notice has also been extended to all applications imder dni
WOTB. £qj, j^g^ licenses or transfer licenses under 9 Geo. 4, c 61, aad
Beerhouse Acts, as stated by section 40, arUe^ p. 71. AQ i
notices may now be served by ordinary letter, and need not I
registered letter, except that the notices mentioned in tkl
paragraph must be by registered letter if not personally serve
The notice to the owner here referred to is required ly
tion 31. Another notice to owner of a removed license is proii
for by section 50.
The notices of appeal under this Act against convictioiii
orders may also be served by post, and by virtue of the Sum
Jurisdiction Act, 1879, 42 & 43 Vict. c. 49, s. 31, anU^ p. 68)
be served on the clerk of the convicting justices insteau of oi
justices themselves.
71. Schedules to be part of ActJ] Thesched
to this Act shall be construed and have effect as pii
this Act.
The schedules have since been repealed, but leaving tlM
unaffected, see Sched., post.
Saving Clauses.
72. Saving of certain privileges yrigktSfi
Nothing in this Act shall affect or apply to—
1. The privileges at the date of the passing of
Act enjoyed by any university in England, oi
respective chancellors or scholars of the San
their successors :
2. The privileges at the date of the passing of
Act enjoyed by the mayor or burgesses of
borough of St. Albans in the county of Herli
or their successors, or the exemptions firom
obligation to take out a license as defined by
Act, or a license from the Commissioner
Inland Revenue enjoyed by the Company d
35 & 36 VICT. c. 94, s. 72. 123
.master, wardens, and commonalty o{ vintners of Sect. 72,
'the city of London :
L The sale of spruce or black beer :
fk The sale of intoxicating liquor by proprietors of
theatres in pursuance of the Acts in that behalf :
!• The sale of intoxicating Uquor in packet boatSj in
pursuance of the Acts in that behalf :
I. The sale of intoxicating liquor on special occasions
I in pursuance of the provisions in that behalf
r enacted :
?. The sale of spirits in canteens, in pursuance of any
Act regulating the same :
p. The sale of medicated or methylated spirits, or
spirits made up in medicine and sold by medical
practitioners or chemists and druggists :
9« The sale of intoxicating liquor by wholesale :
0, Any penalties recoverable by or on behalf of the
Commissioners of Inland Revenue or any laws
relating to the excise.
) The privileges of the universities are also referred to in
0. 4, c. 61, 8. 36 ; 5 & 6 Vict. c. 44, s. 6 ; 1 WilL 4, c. 64,
; 3 & 4 Vict. c. 61, s. 22 ; 23 Vict. c. 27, s. 45 ; 32 & 33
c 27, 8. 20 : J2. v. Archdall, 8 A. & E. 281 ; 3 N. & P. 696.
The privileges relating to St Albans are also referred to in
L c. 27, 8. 45 ; 32 & 33 Vict. c. 27, s. 20.
privileges of the virUners of London are noticed in Vaugh.
S59 ; Levinz. 217, 221 ; 9 Geo. 4, c. 61, s. 36 ; 32 & 33 Vict.
[y 8. SX) ; also in Metropolitan Police Act, 2 & 3 Vict. c. 47,
5 the Cily of London Police Act, 2 & 3 Vict. c. 14, s. 29.
entry oi premises, see 30 & 31 Vict, c 90, s. 12 ; 25 Vict.
•.16.
word "vintner" is not restricted to the selling of wine to
[ttHunimed on the premises : Wells v. Attenboroiigh, 24 L. T.
;19W. R465.
privilege of selling wine as a freeman of the Vintners'
ay extends only to persons whose freedom has been
ifemed by patrimony or servitude and their widows : Boards
L24 LICENSING ACT, 1872, s. 72.
Beet. 72. Theatre Licenses,
-jSi^r^ Order, 26tli February, 1830. Order of Vintners' Compnij,
March, 1839.
(3) The sale of spruce beer is noticed in 25 Vict c SS;
The duty on spruce beer and Berlin white beer is set fa
44 Vict c. 12, s. 3 ; 52 Vict c. 7, s. 3.
(4) The sale of liquors in theatres is regulated by 5 & 6 H
c 39, 8. 7 ; 6 & 7 Vict c. 68. See also 2 & 3 Vict c. 47,*
to metropolitan police district, and 2 & 3 Vict, c 94, & 30
the city of London . As to Ireland, see 37 & 38 Vict e. 8
TJwatre licenses,] The licensing of houses or pl£M» I
public performance of stage plays was transferred to «
councils by 51 & 52 Vict. c. 41, s. 7. It shall not be lair
any person to have or keep any house or other place of
resort in Great Britain for the public performance of stui
without authority by virtue of letters patent from Her II
or without license from the Lord Chaml^erlain or from the j
of the peace ; the offender incurs a penalty not exceeding i
every day on which the house or place is kept open : 6 S
c. 68, s. 2. The Lord Chamberlain's license is required
theatres within the cities of London and Westminster i
boroughs of Finsbury, Marylebone, Tower Hamlets, Lambe
South wark, and places where Her Majesty shall occaB
reside ; also New Windsor and Brighton : Ibid, s. 3. L
places applications may be made to the justices of the pea
these are within twenty-one days to hold a special
for granting licences for theatres : Ibid. s. 5. The licenae :
to be granted by the Lord Chamberlain or justices to Out
and responsible manager for the time being : Ibid, s. 7. The
appeal against the refusal by justices of a theaixe licen
parte Hariington, 4 TimeSf L. R. 435. The Lord Cham
may in certain circumstances suspend the license or ok
theatre to be closed : Ibid. s. 8. The justices also shall mal
able rules lor insuring order and decency, for regulating tb
of keeping open theatres in their jurisdiction, and in some i
stances to order the theatre to be closed : Ibid. s. 9. A |
of 10^. per day is incurred by every person who for hire a
or permit, or cause, permit, or suffer to be acted or prese&i
part in any stage play in any place not being a patent tlu
duly licensed as a theatre : Ibid. s. 11. And tliis pen
incurred by actinga stage play in a booth : Tarling v. Fn
28 L. T. 8i4 ; 21 W. R. 785 ; 38 J. P. 197 ; FredariduY,
1 H. & C. 584 ; 32 L. J. M. C. 14 ; 27 J. P. 104.
Stage play includes every tragedy, comedy, ftcurce, ope
les(iue, interlude, melodrama, pantoinime, or other entcxtt
of the stage or any part thei*eof : Ibid, s. 23.
35 & 36 VICT. c. 94, s. 72. 126
Theatre Licenses. Sect. 72.
of every new stage play and every act, scene, &c., ^1)^
to be produced and acted in any theatre in Great
all be sent to the Lord Chamberlain, who may allow or
acting, and a penalty of 50/. is incurred for acting these
tJieir having been allowed : Ibid, ss. 12 — 15. The
are recoverable by action or summarily before justices :
. And there is an appeal to quarter sessions against a
. : Ihid. s. 20.
re license under section 2 is required only for places not
)ut permanently used for stage plays, while section 11
fci those casually using a place : R. v. Stragnellf B, v.
L. R. 1 Q. B. 93 ; 35 L. J. M. C. 78 ; 13 L. T. 433 ; 14
3 ; 30 J. P. 101. But a theatre built and used in a
>UjBe for a public performance requires a license : Shelley
, 12 Q. B. D. 11 ; 53 L. J. M. C. 16 ; 49 L. T. 779 ;
276 ; 48 J. P. 244.
estion, whether a representation given in a house licensed
and dancing is such as to amount to a stage pl^y^ and
Hheatre license would be necessary, is mainly one of fact,
ecision of justices would not usually be interfered with :
, Strange, L. R 1 C. P. 175 : 35 L. J. M. C. 31 ; 29
; Bay v. Simpson, 18 C. B. (n.s.) 680 ; 34 L. J. M. C.
L. T. 386 ; 13 W. R. 748.
»wer to regulate metropolitan theatres and music-halls
1 to the Metropolitan Board of Works by 41 & 42 Vict.
11, 12, and is now transferred to the London County
51 & 52 Vict. c. 41.
nation room managed under the authority of a secretary
r the Admiralty may be used for the public performance
lays without a license : 52 Vict c. 3, s. 7.
*x to sell intoxicating liquors at theatres,'] It shaU
for the commissioners and officers of excise, and they
y authorised and empowered to grant retail licenses to
01 to sell beer, spirits, and wine in any theatre established
royal patent, or in any theatre or other place of public
ment Lcensed by the Lord Chamberlain or by justices of
, without the production by the person applying for such
: licenses, of any certificate or authority for such person
, common inn, alehouse, or victualling-nouse, anything in
or Acts to the contrary notwithstanding : 5 & 6 Will. 4,
7. The above section of 35 & 36 Vict. c. 94, s. 72 only
tiheatres strictly so-called from having a justices' license
not exempt places of public entertainment : B. v. Inland
126 LICENSING ACT, 1872, s. 72.
Sect 72. Eevenue, 21 Q. B. D. 569 ; 57 L. J. M. C. 92 ; 59 L. T. 2
tJ— W. R 696 ; 52 J. P. 390.
As to the duty payable, see Inland Revenne Act, 1880^ *
"Vict. c. 20, s. 43, pod.
Though theatre bars require no justices' license, yet ti
of dosing set forth in 37 & 38 Vict. c. 49, ss. 3, 9, apdii
premises in which intoxicating liquors are sold hy lewl i
anv exception of theatres. Martin v. Barker^ 50 L. J. IL <
45*^1. T. (N.s.) 214 ; 45 J. R 749 ; 29 W. R 789. Andtf
time of opening and keeping open, the natural meaning
statutory exemption seems to be, that the seUing at the
bar is incidental to the time of performance at the theatre
reasonable time before and after, but always subject to the
closing set forth in 37 & 38 Vict c. 49, ss. 3, 9, post,
(5) As to the sale in packet hoatSy see 9 Geo. 4, c 47 ;
WUl. 4, c. 75 ; 5 & 6 Vict. c. 44, s. 5 ; 43 & 44 Vict. c. 20,1
(6) As to sale on special occasions, see section 29, where
i-aiy exemptions from closing houi-s may be obtained. Th
also occasional licenses granted to sell at other than the a
licensed place under the authority of 25 & 26 Vict c 22
26 & 27 Vict. c. 33, s. 20 ; 27 & 28* Vict c 18, s. 6, poiL S
Licensing Act, 1874, sections 18, 19, 20. J
(7) As to sale of liquors in canteens, the Army Act, <
Vict. c. 58, s. 174, enacts — (1) When a person holds a i
under the authority of a secretary of state or the Admii
shall be lawful for any two justices, within their ren>ectiT
dictions, to grant, transfer, or renew any license wr th
being required to enable such person to obtain or hold an]
license for the sale of any intoxicating liquor, without r^
the time of the year, and without regard to the requirement
notices, certificates, or otherwise of any Acts for uie time b
force affecting such licences ; and excise licences may be |
to such persons accordingly. (2) For the purposes of thiB
the expression "license" includes any license or certificate
time being required by law to be granted, renewed, or
ferred by any justices of the peace, in order to enable any
to obtain or hold any excise license for the sale of any intoi
liquor.
(8) The sale of methylated spirits is regulated by 18 & 1
c. 38, s. 3 ; 24 & 25 Vict c. 91, ss. 1, 2 ; 30& 31 Vict c. 9G
43 & 44 Vict c. 24. For spirits made up in medieii
chemists, &c., see 16 Geo. 2, c. 8, s. 12.
(9) See several statutes as to dealers referred to in o
section 3, ante, p. 8 ; also 43 & 44 Vict c 20 ; 48
35 & 36 VICT. c. 94, s. 73. 127
B. 24 ; 1 Will 4, c. 51, s. 22 ; 6 Geo. 4, c. 81 ; 48 & 49 Sect. 72,
i- 51. Note
Where a penalty, such as the excise penalty declared by
WilL 4, c 85, s. 17, is recovered, it will not count as a con-
1 under section 3, ante, p. 7, as regards an increase of
anent there directed : Re Anthers, 22 Q. 6. D. 345 ; 58
IL C. 62 ; 53 J. P. 116 ; 37 W. R. 320.
|r recreation room managed or conducted under the authority
Kretary of state or the Admiralty, may be used for public
S music, or other public entertainment of the like kind,
e public performance of stage phiys without any license :
UL c 3, s. 7.
i
B, Licenses as defined by this Act not required
hrtain retail sales.^ A license as defined by this
mall not be required for —
^The sale of wine by retail, not to ])e consumed on
: the premises, by a wnnc merchant in pursuance
of a wine dealer's license granted by the Com-
missioners of Inland Revenue ; or
JDie sale of liqueurs or spirits by retail, not to be
consTuned on the premises, by a wholesale spirit
dealer whose premises are exclusively used for
, the sale of intoxicating liquors, in pursuance of
a retail license granted by the Commissioners
of Inland Revenue, under the provisions of the
r twenty-fourth and twenty-fifth years of Her
I present Majesty, chapter twenty-one, intituled
: ** An Act for granting to Her ILi jesty certain
' duties of excise and stamps."
CODoeptioiis from the necessity of a license or certificate,
ffftftil license to sell wine obtained by a wine dealer. And
who takes out a wine dealer's license fulfils the descrip-
A wine merchant : Palmer v. Thatcher, 3 Q. B. D. 46 ;
^« 213; 47 L. J. M. C. 54 ; 26 W. R. 314 ; 37 L. T. (n.s.)
^A wine merchant may be said to be one who sells goods not
\
] 28 LICENSING ACT, 1872, 8. 74.
Sect. 73. produced by himself : Josselyn v. Parson, L. R. 7 Ei. Ii7
— L. J. Ex. 60 ; 36 J. P. 455 ; 25 L. T. 912 ; 20 W. R 3ia Tin
NOTB. Q^ license of justices is not required in this case, stall the hoU
the license is subject to the ordinary penalties for keepi^opa
premises during the closing hours set forth in 37 & 38^ct e
s. 3 : Martin v. Barker, 50 L. J. M. C. 109 ; 45 J. P. 74B
L. T. (n.s.) 214. Whether he would be liable as a Ikfl
person to other oflfences set forth, as, for example, in sed
7, 11, and other sections, no decision of the court as to tldi
yet occurred.
2. A retail spirit license by a spirit dealer, provided his
mises arc used exclusively for the sale of intoxicating lim
See section 68. The same remark as in the last case apphi
this license. As such a spirit dealer does not require a jai
license to sell under his additional retail license, and Mb pieo
are not licensed premises within the meaning of section 1
constable has no right of entry under 37 & 38 Vict c. 48^ 4
Harrison v. Mac VMcel, 48 J. P. 469 ; 50 L. T. (n.s.) 2ia
Definitions.
74. Interpretatioii of terms, Sfc.'] In this Ac
not inconsistent with the context, the following exp
sions have the meanings hereinafter respectively asdg
to them ; that is to say : —
*'' Irdoxkating Liquor Licensing Act, 1828," in«
9 Geo. 4, c. 61, intituled " An Act to regulate
granting of licenses to keepers of inns, alehoc
and victualling houses in England," and indi
the Acts amending the same :(a)
" Wi7ie and Beerhouse Acts^^ means the Wine
Beerhouse Act, 1869, 32 & 33 Vict. c. 27,
the Wine and Beerhouse Act Amendment .
1870, 33 k 34 Vict. c. 29 ;
^^Intoxicating Liquors Licensing Acts^^ means
Intoxicating Liquor Licensing Act, 1828, and
Wine and Beerhouse Acts, i.e., 9 Geo. 4, c.
32 & 33 Vict. c. 27 ; 33 & 34 Vict. c. 29.
35 & 36 VICT. c. 94, s. 74. 121
^^Intoxicating liquor ^^ means spirits, wine, beer, Sect. 74
porter, cider, perry, and sweets, and any fermented
distilled, or spirituous liquor, which cannot, accord-
ing to any law for the time being in force be legally
sold without a license from the Commissioners of
Inland Revenue :(J)
^ License " means a license for the siile of intoxicat-
ing liquors granted by justices in pursuance of the
Intoxicating Liquor Licensing Act, 1828, including
a certificate of justices granted under the Wine and
Beerhouse Acts, and including a license for the
sale of sweets which is hereby authorised to be
granted in the same manner as if sweets were
wine, and including a license for the retail of
spirits granted to a wholesale spirit dealer by the
justices in pursuance of this Act :(c)
**-4 new license" means a license granted at a general
annual licensing meeting in respect of premises
not theretofore licensed for the sale of intoxicating
liquors : (See also 37 & 38 Vict. c. 49, s. 32.)
^ The renewal of a license " means a license granted
at a general annual licensing meeting by way of
renewal :(d)
^ ITie transfer of a license " means a transfer made
in special sessions in exercise of the power granted
to justices by the fourth section of the said Act of
the ninth year of the reign of King George the
Fourth, chapter sixty-one, intituled "An Act to
regulate granting of licenses to keepers of inns,
alehouses, and victualling houses in England" :(e)
** Licensed person" means a person holding a license
as defined by this Act :
K
130
LICENSING ACT, 1872, S. 74.
Sect. 74.
'Licensed premises ^^ means premises in respect
wliich a license as defined by this Act has
granted and is in force :
" Unlicensed 2yremises^^ means premises in respect i
which a license as defined by this Act has not
granted or is not in force :
" Owner of licensed premises " means the person
the time being entitled to receive, either on
own account or as mortgagee or other inc
brancer in possession, the rackrent of such
mises:(/)
'^ Licensing district ^^ means the area for which
general annual licensing meeting is held in pi
ance of the Intoxicating Liquor Licensing
1828:
" Licensing justices " means the justices having ji
diction in respect of the grant of new licenses in
licensing district under the last-mentioned Act
amended by tliis Act i{g)
'' Licensing officer ^^ means any oiBScer appointed
the Commissioners of Inland Revenue to isane
superintend the issue of licenses under this Act
any place :
" Sale hy retail " in respect of any intoxicating liqi
means the sale of that liquor in such quantities
is declared to l)e a sale by retail by any Acts
ing to the sale of intoxicating liquors iQi)
" County " does not include a county of a city or
county of a town, but means any county, ri(
parts, division, or liberty of a county having
separate commission of the peace and a se]
court of quarter sessions :
35 & 36 VICT. c. 94, s. 74. 131
* Sarough " means a county of a city, county of a Sect. 74.
town, city, municipal borough, cinque port and its ~
liberties, town corporate, or other place in which a
general annual licensing meeting is held in pur-
suance of the Intoxicating Liquors (Licensing) Act,
1828, exclusive of a petty sessional division of a
. comity:
iWhere a liberty of a county, as defined by this Act,
is not divided into petty sessional divisions, such
; Hberty shaU, so far as respects the provisions of
this Act with respect to the grant of new licenses,
stand in the same position as if it were a petty
sessional division of the county in which it is
geographically situate, or with which it has the
longest common boundary.
" Clerk of the licensing justices " means where the
licensing district is a county or petty sessional
division of a county, the clerk of the petty sessions
for such division ; and where the licensing district
is a county of a city, county of a town, city, muni-
cipal borough, town corporate, or other place not
a county or a petty sessional division of a county,
means the clerk to the justices of such county of a
city, county of a town, city, borough, town corpo-
\ late, or place, or other person performing analo-
^* goos duties to such clerk; and where there are
more persons than one, in any county, petty
sessional division, or other place filling the office
of clerk of the licensing justices as hereinbefore
defined, the licensing justices shall determine by
vliich of such persons the register of licenses shall
hb kept.
^Jbom" means any parliamentary or municipal
k2
32 LICENSING ACT, ] 872, s. 74.
Bct 74 borough, Improvement Act district^ local gm
ment district, or other place having a known b
homidary , and wherever two or more of the ah
mentioned places occupy portions of the ssniBi
^^ town " shall be taken to mean such one cf i
places as is the largest in area ; and any pMl
situate in more than one town shall, for ths ]
poses of this Act, be deemed to be in snch CM
the towns as is the largest in area (see Act^ U
s. 32, post) :({)
" Local government district " means any area sol
to the jurisdiction of a local board constitirid
pursuance of the Local Government Act, 1858!
" Improvement Act district " means any area for
time being subject to the jurisdiction of any fl
missioners, trustees, or other persons intnuted
any local Act, not being a Turnpike Act or Hi^
Act, with powers of improving, cleansing, or pBI
any part of such district :
" Court of summary jurisdiction " means any jfli
or justices of the peace, metropolitan police mi
trate, stipendiary or other magistrate, or ofl
by whatever name called, to whom jnrisdictio
given by the Act of the session of the elofi
and twelfth years of the reign of Her pw
Majesty, chapter forty-three, intituled " An Ae
facilitate the performance of the duties of ja
of the peace out of sessions within England
Wales with respect to summary convictioDS
orders," in this Act referred to as " The Sunn
Jurisdiction Act, 1848," and any Acts ainei
the same :
^^ Qiuirter sessions " includes general sessions :
cPart here repealed by 46 & 47 Vict o. 89, Sdx
35 & 36 VICT. 0. 94, s. 74. 133
Secretary of State " means one of Her Majesty's Sect. 74
principal Secretaries of State.
I The TLBual name given to the Act 9 G^. 4, c. 61, was the
101186 Act, which was a much shorter and more convenient
e than that here nsed ; but in legal notices and documents the
descriptive name here given should be used.
\ Spirits is defined, as to degree of strength, in 23 Vict, c 27,
. Beer is defined in 1 Will. 4, c. 64, e. 32 ; 32 & 33 Vict c 27,
and see 43 & 44 Vict. c. 20, ss. 2, 40 ; 48 & 49 Vict, c 61,
Howorih v. Minns, 51 J. P. 7 ; 56 L. T. 316. Beer includes
r, and cider includes perry : 43 & 44 Vict. c. 20, s. 40 ; 32 & 33
. c. 27, s. 2. Sweets is defined in 33 & 34 Vict. c. 29, s. 3;
43 & 44 Vict c. 20, s. 40. It was held that justices were
; in treating British wine as wine, when a chemist proved
it contained a larce proportion of alcohol: Harris v. Jenns,
B. (n.S.) 162; 30 L. J. M. C. 183; 3 L. T. 408; 9 W. R 36.
iZiicenseJ] The word "license" in this Act includes a
cate granted under the Wine and Beerhouse Acts. It
td have been better to have now discontinued the use of the
1 "certificate" altogether; and it might have been called
dtore the justices' license, to distinguish it from the excise
it throughout the notes to this Act the word " certificate "
been used to prevent mistake.
he feet that wine dealers and spirit dealers may sell wines and
itB by retail in some cases ^nthout a justices' license has been
ntj overlooked in this definition of the word " license." And
ttme oversight has been conmiitted in the definition of
tond person."
ilD0efo.] The definition of license contains the authority to
Ito to give licenses for sweets, and these are put on the same
Ijbjg as wine. If the sale of sweets is for consumption on the
wamB the justices can refuse a new certificate without reasons ;
i if the consumption is to be off the premises, then the justices
aot refuse the certificate, except on the first three grounds
iii in 82 & 33 Vict c. 27, s. 8. See the notes to section 69,
iah apply equally to sweets. Though there may be a separate
in fir sweets, yet when a wine license is obtained it includes
ib as part thereof: 43 & 44 Vict c. 20, s. 40.
Kmp license.] This definition has been amended by the
Act, 1874, 8. 32, post.
134 LICENSING ACT, 1872, s. 74.
Sect. 74. (d) Chrant by way of renewal of license,'] The d
Note ^^ ^ ^®^ license has been amended, and is now containei
Licensing Act, 1874, section 32. See note to that section. IM'
former definition meant the same in eflfect : Marwick v. ^ '
L. E. 9 Q. B. 509; 38 J. P. 518; 43 L. J. M. C. 169; 30 LT.
22 W. R 823.
It is to be observed that a renewal of a license or
naturally implies two things. 1. That it is the same penon
previously held the license or certificate, and who now applM
the renewal ; 2. That the premises are the same, or su"
the same, in both cases. The phrase "renewal of license'
however, sometimes popularly used to denote that a
applies for a license or certificate for the same house which
other person was previously licensed to use as an alehoM
beerhouse, &c. This distinction, though unimportant, when j
could either grant or renew licenses without any reasons gji^
will prove to be of considerable importance now that jostioeB n
deal very differently with the grant of a new and the renewal
an old license.
The Alehouse Act, 9 Geo. 4, c. 61, did not explain which oC
above meanings belongs to the phrase "renewal of a license.'
to the Wine and Beerhouse Acts, the words " renewal of
cate " are also left undefined. It is true that as regards the
section of the Act, 1869, 32 & 33 Vict c. 27, it may he ti
since 33 & 34 Vict. c. 29, s. 7, that the words *< renews!
license " means a continuous renewal of the license in respefll
the same house, though different persons may have held 1
license since 1st May, 1869. That meaning is the one which
be used in applying that 19th section, but it does not follow tiirti
is the meaning for other purposes. An alehouse license is onlj '
operation for one year, when it expires by effluxion of time; so
is as to a certificate under the Wine and Beerhouse Acts. If
the expiration of the license or certificate a new tenant comes i
and applies for a license, he must usually apply, not for a reiiew4
but for a new license. It is true that during the currency of As
year there may be a transfer or transmission of a license M
certificate, in the various circumstances set forth in the Act Ij
Geo. 4, c. 61, s. 14, and extended to the Wine and Beerhouse ARMj
by 33 & 34 Vict. c. 29, s. 4. If such transferee had held fti;
license or certificate up to the expiration thereof, and seeks a^j
to renew the license, tins case will come strictly within the ma^
ing of an application by way of renewal An opportunitf ii^
inquiry into the character of the transferee was given under ttl
transfer clauses of the Alehouse Act, and since 33 & 34 Ybt
a 29, s. 4, also under the Wine and Beerhouse Acts, and it is As
same under the Licensing Act, 1872, section 40. And therefore wte
35 & 36 VICT. c. 94, s. 74. 13S
. transferee lias acquired the same or equivalent premises, and Sect. 74.
BCbI title to the privil^es and duties incident to the holding of jj^JiJiL^
I ucense or certincate which his predecessor held in respect of
i same premises, it is a renewal and not a new license or certiti-
te which he applies for at the end of the licensing year.
Benewah not to a licensed 'person.'] Several instances,
nrever, may occur of a renewal being rightly Jisked for, though
|b person entitled to ask it has not ac(iiiired by transfer the
Ibeiit license. Thus, the Court of Appeal held, in R. v. Lawrence
\Lioerpool JJ., 11 Q. B. D. 638; 52 L. J. M. C. 114; 49 L. T.
U.)244; 32 W. R 20; 47 J. P. 596, that a new tenant who had
■ered in June, and was in possession at the date of the general
tamal licensing meeting in September, might apply for a "license
peQatinue," and if he did not so apply, lie may be treated as a
Pa "n^ecting to apply," so that any succeetling tenant entering
10th October would be entitled to make an application under
€eo. 4, c 61, s. 14 The effect of this decision seems to Ixj that a
JBenae to (xmJtinue, though not identical with a renewal, may be
Dpiied for by an incoming tenant who is in i)o.ssession at the date
I the annual general meeting, for in those circumstances nobody
Bt the tenant in possession would be in a position to do any-
hu^. Thus, the Court of Appeal seems in some i-esi>ects to have
(Bated a renewal as if it were a renewal in respect of the house,
ihettier the person applying was the person lioMing the license
t not Hence also, where the justices wrongfully refused to
BMW P.'s license, though no statutory notice of oppositicm had
•ai served, and P. did not appeal, but would not quit the house
Duext June, and C, a new tenant, then entered, and at the next
nearal annual meeting in September applie«l for a renewal, it
is held that this was a competent application : R. v. Marhi
^morth J J,, 51 J. P. 439 ; 57 L. T. 56 ; 35 W. R. 734 ; 56 L. J.
La 96.
Where (application must he for a iieio licejise.] In all
Bwr cases than those mentioned it must be a new license or
Btificate, and not a renewal which is applied for. Thus, where
Iwnse had been closed for more than a year o^^'ing to difficulties
Iwttt mortgages and a tenant absconding, so that there had been
htesk in renevidng the license, it was held that, when a new
inant applied, he must apply for a new license : Ex parte Tabrath,
9 J. P. 101 ; 31 L. T. (n.s.) 513. So where a holder forfeited his
cense in May and nobody applied at the general meeting, but at
^ next again a new tenant applied, it was held that his applica-
on must be for a new license : Hargraves v. Dawson, 35 J. P. 342 ;
i L T. 428. So where during rebuilding of the premises no
136 LICENSING ACT, 1872, s. 74.
Sect. 74. license had been granted for three years, it was held that ti
— application must be for a new license : B, v. Cv/rzony L. B. I
Note. 4qq. 42 l. J. M. C. 155; 37 J. P. 774; 29 L. T. 32; 81
886. And the same is true whenever a holder of a license ;
the same, for the license ceases entirely at the date
forfeiture : R. v. West Riding J J., 21 Q. B. D. 368 ; 52 J. ]
57 L. J. M. C. 103 ; 36 W. R. 258. On the other hand, 1
licensed person entitled to take out the usual excise liceni
not done so for a year, but intended to do so next year, w
required to apply for was not a new license but a renewal,
taking out of an excise license does not affect the substance
application : &mith v. Hereford JJ., R. v. Srrvith, 42 J. P. 8
L. J. M. C. 38 ; 39 L. T. 604.
Swrrumary as to new and renewed licenses.] The
therefore, of the various enactments in the Alehouse Act, a
Wine and Beerhouse Acts, and this Act, seems to be as foil
Where the person applying for a license or certificate has
time a license or certificate respectively in force in respect
same premises, whether he acquired such license or certifii
the previous general annual licensing meeting, or its ad
ment, or since that time by virtue of transfer on one
groimds specified in 9 Geo. 4, c. 61, s. 14, and 33 & 34 Vict
s. 4, or if he has not got a transfer but has entered upon poe
under one of the grounds specified in 9 Geo. 4, c 61, s. 14,
the general annual meeting or its adjournment, then he is
position of one applying for a grant by way of renewal. 1
other persons are in the position of applying for a new lici
certificate.
WJiere premises enlarged or altered^ if renewal i
asked.] In some cases, where the premises have been enlan
taking in another house, the justices will treat the applica^
one of renewal if the premises are not materially altered
by enlargement : R. v. Smith, 31 J. P. 259 ; 15 L. T. 17a
is always a question of degree, and as to the relative extent
old premises and the new additions. As a general role,
right of an owner, incident to all businesses, to extend his pi
from time to time, and the enlarged area is for the time bei
I^lace of business: Richards v. Stoanseay 9 Ch. D. 425.
louse includes the curtilage or a piece of ground in front : J
V. London and Chatham Itailway Company, L. R. 6 Eq. 1(
the licensee were to add several houses to one, the jnstia
hold that the premises are different, but in general w!
smaller or an equal extent has been added, they will righU
this as merely an enlargement of the existing premiaes, ai
35 & 36 viOT. c. 94, s. 74. 137"
; premises, and so they will renew the old license, and not S6Ct. 7^
1 new notices and a new license : i?. v. Raffles^ 1 Q. B. Div. t^TII
> J. P. 68; 46 L. J. M. C. 61 ; 34 L. T. 180; 24 W. R 636. ^^^^
nes the justices specify by metes and boundn the exact
3f the licensed premises, and there is notliing irregular in
at it is doubtful whether this controls the natural right of
snsee to extend his premises : Stringer v. HuddersfieUL JJ,,
fkes, 40 J. P. 22; 33 L. T. 568; 24 W. R 141. In one case
tices convicted a licensed person for soiling in an extended
t Ms premises, holding that the original license did not
to air the outhouses, and the couit would not interfere,
^ this as usually a question of fact for the justices alone to
line : Mahon v. Gas/cell, 42 J. P. 583. On the other hand,
a licensed person had added an adjoining house nearly as
IS the original premises, and converted the whole into one
premises, and sold liquors in the new part^ and the licensing
» treated the next application at the general annual meeting
snewal and not as a new grant, the High Court would not
ere, treating it as a question of fact for the licensing justices
nvely : B. v. Justices of Hants, 44 J. P. 72.
) also notes to 32 & 33 Vict. c. 27, s. 19, post.
Transfer of license.] This definition should have in-
d section 14 as well as section 4 of 9 Geo. 4, c. 61, for in
y they are one section. All licenses and certificates can l)e
Ferred under the conditions and circumstances set forth in
X 4, c. 61, s. 14, post, and imder some circumstances set forth
& 38 Vict c. 49, s. 15. And a temporary transfer can in all
cases be obtained at petty sessions under 5 & 6 Vict. c. 44,
) Owner of licensed premises.'] This expression has been
er defined in Licensing Act, 1874, section 29. See also sec-
S6 of this Act.
) Licensin{i justices.] This expression was used in sec-
H, now repealed, and section 43. See another use of it in
aing Act, 1874, section 6, and notes, post.
) Sale by retail.] The words " sale by retail " had different
Itions in different Acts. This clause seems to import that if
lie by retail of beer was defined by the Beerhouse Acts, the
definition as to beer will apply to all houses which sell beer
r this Act So as to sale of wines, spirits, &c., respectively,
it does not mean that "sale by retail" denotes a uniform
tity of all intoxicating liquors. See notes to section 3, ante,
138
LICENSING ACT, 1872, S. 75.
Note.
iSect. 74. {i) Town,'] In fixing the valuation qualification of
licensed houses which are to be licensed for the first time^
words used in 3 & 4 Vict. c. 61, s. 1, namely, "any town
rate, parish, or place," have been discontinued, and the
" town " substituted, with a definition which seems more
applied. The Act 3 & 4 Vict. c. 61, s. 1, is now only in fone]
to the beerhouses that had certificates for in-door consmnptaoij
10th August, 1872, and for all out-door beerhouses and
houses. See section 45 and notes. This word "town" as
the Beerhouse Acts must be taken according to the definitkftl
those Acts and not of this Act. And this definition of the
town is repealed by the Licensing Act, 1874, section 33, |NM^i
another definition substituted by the same Act, section 32,
ffepea/.
75. Repeal of Acts mentioned in the Si
sche&ule.^ (Part here repealed by 46 & 47 Vict. c.
Sched.)
Provided also, that in the case of persons inl
to apply for billiard licenses under the Act of the
and ninth years of the reign of Her present Maj«
chapter one hundred and nine, intituled " An Ack
amend the law concerning games and wagers," or
the transfer of such licenses, the same notices shaD
given as are by this Act required in the case of lie
as defined by this Act, or as near thereto as
stances admit ; and any person convicted of an
against the tenor of a billiard license, or of any
declared by the last-mentioned Act to be an
against the tenor of a license as defined by this
shall be punished under this Act in the same
in all respects as a hcensed person within the m<
of this Act is punishable under this Act for si
any gaming or any unlawful game to be carried on
his premises ; and in construing the last-mentioned Aoti
any reference to the Intoxicating Liquor IdcensiiigA^^
35 & 36 VICT. c. 94, s. 75. 139
Billiard Licenses, Sect 75.
lall be construed to refer to that Act as amended
A.ct.
held that the various new oflfences and penalties took
the passing of this Act on all the current licenses, and
J were not saved from the operation of the Act by sub-
: Jones v Goopery 37 J. P. 613 ; 28 L. T. (n.s.) 496 ; 21
2.
rd licenses.] The Act 8 & 9 Vict. c. 109, s. 10, provided
ike notices should be given for application for billiard
IS in case of alehouse licenses. The billiard license
t)illiard tables and bagatelle boards, or instruments used
ime of a like kind. The same section of 8 & 9 Vict.
Iso enacted that transfers of billiard licenses may be
at the same transfer sessions as public-house licenses,
jr 9 Qeo, 4, c. 61, ss. 4, 14. The duration of the billiard
i also the same, those in Middlesex and Surrey ending on
, and elsewhere on 10th October. The fees payable by
are 5s. for the clerk to the justices, and Is. for services of
The penalty for demanding or receiving more than
fees is 61.
bove 75th section of the Licensing Act, 1872, thus
3 billiard licenses the same notices as for public-house
Therefore, for new grants and transfers the notices are
jcified in 32 & 33 Vict. c. 27, s. 7, post^ and this
Act, 1872, s. 40, ante, p. 71. There is no notice required
als.
stices have the same absolute discretion as to granting or
i billiard license as in the case of public -house licenses,
jceo. 4, c. 61, s. 1, post.
is no appeal against a refusal to grant a billiard license :
mMre JJ.y 21 J. P. 773; £x parte Chamberlairiy 8 E & B.
ense prohibits the consumption of excisable liquors on
ises, and beer is not now an excisable liquor : Jones v.
r, L. R 3 Q. B. 541 ; 22 L. T. (n.s.) 535 ; 39 L. J. M. C.
J. P. 663 ; 18 W. R. 1197. And the same meaning
>le liquor is preserved in the Inland Revenue Act, 1880,
^ict. c. 20, s. 47, post.
of the billiard license.] At the general annual
meeting [or an adjournment of the general annual
meeting, or at a special petty session] of Her Majesty's
140 LICENSING ACT, 1872, s. 75.
Sect. 75. Billiard Licenses.
Note, justices of the peace acting for the division [or liberty, dse^ i
case may he] of , in the county of , holden at —
the day of , in the year , for the puipose of gn
hilliard licenses, we, being of Her Majesty's justices
peace acting for the said county [or liberty, cfcc, as Ae com Mi
and being the majority of those assembled at the said seano
hereby authorise and empower A. L., now dwelling at —
the parish of , to keep a house for public billiud phQfi
[here specify the house], provided that he [or she] put and Idh
the words " licensed for billiards," legibly printed in some
spicuous place near the door and on the outside of the said ]|
and do not wilfully or knowingly permit drunkenness or i
disorderly conduct in the said house, and do not knowing/ i
the consumption of excisable liquors therein by the pe
resorting thereto, and not knowingly suffer any unlawfol g
therein, and do not knowingly suffer peraons of notoriouBlj
character to assemble and meet together therein, and do not
the said house for play, or allow any play therein after OM
before eight of the clock in the morning, or keep it open or J
any play therein on Sundays, Christmas Day, or Good Pridi
on any day appointed for a public fast or thanksgiving^ b
maintain good order and rule therein : And this license uuJl
tinue in force from the day of next, until the — •
of then next following, and no longer.
Given under our hands and seals on the day and at the
first written : 8 & 9 Vict. c. 109, Sched.
Keeping billiard table, dc, without license,] Eveijl
room, or place kept for public billiard playing, or where • \
billiard table or bagatelle board, or instrument used in any
of the like kind, is kept at which persons are admitted to
(except in houses or premises specified in any license p
under 9 Geo. 4, c. 61, hereinafter called a victualler's 1m
shall be licensed under this Act ; and every person keepinj
such public billiard table or bagatelle boara, or instrament
in any game of the like kind for public use, without beinff
licensed 60 to do, and not holding a victusdler's license K
house or premises where such buliard table, bagatelle bo«
other in4rument aa aforesaid is kept or used, — and also every i
licensed under this Act, who shall not during the continual
such biUiard license put and keep up the words ^Uum
billiardsy" legibly printed in some conspicuous place near tiu
on the outside of the house specified in the license, — shall be
to be proceeded against as the keeper of a common gaming^
and beside any penalty or punishment to which he maybe
35 & 36 VICT, c- 94, s. 75. 14
Billiard Licenses. Sect. 75
Lvicted of keeping a common gaming-house, shallf on con- Notbl
of keeping such unlicensed billiard table, )>agatelle board,
instroment as aforesaid, by his own confe:$sion, or by the
of one or more credible witnesses, before any police niagis-
j or any two justices of the peace, be liable to pay such penalty,
more than 10/. for every day on which such billiaiu table,
~le board, or instrument as aloresaid shall be used, as shall
by the magistrate or justices before whom he shall be
or, in the discretion of the magistrate or justices, may
^wmmitted to the house of correction, with or without hard
for any time not more than one calendar month ; but no
who shall have been summarily convicted of an^ snch
shall be liable to be further procee<led against by indict-
£ar the same offence : 8 & 9 Vict. c. 109, s. 11.
Offences against the tenor of billiard license.] By 8 & 9
c. 109, 8. 12, and the 75th section of the Licensing Act, 1872,
person licensed under this Act, who shall be convicted,
a police magistrate or two justices acting in and for the
Q or place in which shall be situated the house kept, or
fore Kept by such person, of any offence against the tenor
ftiie license to him granted, shall be liable to the same penalties
pmiishnients [as if he were a licensed person convicted under
Licensing Act, 1872, section 17]. See notes to Act, 1872,
17, ante, p. 36.
Constable to visit licensed billiard houses.] And it shall
lawful for all constables and officers of police to enter into
house, room, or place where any public table or board is kept
playing at billianls, ba^telle, or any game of the like kind,
and so often as sucn constables and officers shall think
; and every person licensed under 9 Geo. 4, c. 61, or this
who shall refuse to admit, or who shall not admit, any such
ibleor officer of police into such house, room, or place, shall,
conviction thereof before a police im^istrate, or any two jus-
of the peace, be deemed guilty of an offence against the
of his license, whether the same be a billiard license or a
^Vktoaller's license : 8 & 9 Vict c. 109, s. 14.
Esters of billiard tables not to allow play at certain
^KHM'—penalty,] Every person keeping any public billiard
tdda or Dagatelie board, or instrument us^ in any game of the
IQdb kind, whether he be the holder of a victualler's license or
Itemed under this Act, who shall allow any person to play at
mh table, board, or instrument, al'ter one or before eight o'clock
,0^
142 LICENSING ACT, 1872, s. 75.
Sect. 75. Billiard Licenses.
Note, in the morning of any day, or at any time on Sunday,
Day, or Good Friday, or any day appointed to be kept as •;
fast or thanksgiving ; and every person holding a vie
license who shall allow any person to play at sudi table,
or instrument kept on the premises specified in such vie
license, at any time when such premises are not by law
to be open for the sale of wine, spirits, or beer, or other fe
or distilled liquors, shall be liable to the penalties herein]
in the case of persons keeping such public billiard table, I
board, or instrument as aforesaid for public use witibout
and during those times when play at such table, board, or ii
ment is not allowed by this Act, every house licensed
this Act, and every billiard room in every house specified ini
victualler's license, shall be closed, and the keeping of the
open or allowing any person to play therein or tnereat, at ai^
the times or on any of the days during which such play ui
allowed by this Act, shall be deemed in such case an
against the tenor of the license of the person so offending : 8 (
Tact. c. 109, s. 13.
It has been held that this section applies only to
holding publicans' licenses under 9 Geo. 4, c. 61, and not to
house keepers : Bent v. Lister, 52 J. P. 389.
It has been held that persons staying as lodgers in lie
premises where there is a billiard table cannot Lawfully plqri
billiards after the hours of closing the licensed premises mt
of liquor, though they are entitled to be supplied with liquor i
such hours, and the landlord may be convicted of allowing gamngj
if he allow them at such hours to play at billiards : Ovmdm ^'
Baymond, 40 J. P. 727 ; 34 L. T. 698.
Appeal by billiard license holder against convictkmt]
Any person who shall be summarily convicted under thiaAflt
may appeal to the next general or quarter sessions of the pean
[part here repealed by 47 & 48 Vict. c. 43, Schei.] ; and it ddl
be lawful for the magistrate or justices by whom such convietioft
shall have been made to bind over the witnesses who shall ban
been examined, in sufiicient recognizances, to attend and bt
examined at the hearing of such appeal ; and that every such witMS
on producing a certificate of being so bound, under the himd of
the said magistrate or justices, shall be allowed compensation lor
his or her time, trouble, and expenses in attending the iqpp>4
which compensation shall be paid in the first instance bjr tbi
treasurer of the county or place, in like manner as in caaei of
misdemeanour, imder tne provisions of 7 Gea 4, c. 64 ; andinctfi
the appeal shall be dismissed, and the order of conviction afflffT**^
35 & 36 VICT. 0. 94, s. 82. 143
i xeasonable expenses of all sach witnesses attending as afore- 86Ct. 75.
to be ascertained by the courts shall be repaid to the said ^"^^
tirer by the appellant : 8 & 9 Vict, c 109, s. 20. ^""^^^
r procedure as to appeal see Licensing Act, 1872, section 52,
p. 102, and notes.
Jication of certain of the preceding Provisions of
this Act to Ireland.
'6. Mode of reference to particular provisions
Acts.'\ A reference to the words forming a heading
[my of the provisions of this Act shall be deemed to
a reference to all the provisions under such heading,
otherwise specially provided.
77. Application to Ireland of ceiiain pro^
of Actj with inodificationsJ]
78. Closing of premises in Ireland at certain
^s on 'Sunday^ Christmas Daijy Qood Fnday,
79. Becoveoij and' application of penalties in
ind.']
80. Bepeal of section 4ofS4i^ 35 Vict. c. 88.]
^(ded by 46 & 47 Vict. c. 39, Sched.)
81. Interpretation of " spiHt grocer ^^^ " excise
je," SfC.y OjS applying to Ireland.^
82. No renewal of license to he granted to
9fmt grocers in Ireland without certificate of
ju^icesJ]
144 LICENSING ACT, 1872, s, 90.
Sect^83. 33. Penalty on spirit grocer in Irelcmd
liquor drunk on or nea/r to the premises.^
34. Penalty on evasion of law OjS to drivik
on premises of spirit grocer in Ireland.^
3 5 . Penalty on inteiMal communication betm
premises of spirit grocer and hawse ofjmblic rm
in Ireland.^
36. Limitation of hours during which qi
grocers may sell intoxicating liquors in IreUmdi
37. Justices and constables may enter prem
of spirit grocer in Ireland dwring prcMbA
hour S.I
88. Provisions as to repeated convidumi
apply to spirit grocers in Ireland, ^c]
89. Application of provisions a^s to Ui
proceedings, penalties, Sfc, in Ireland^
90. No license to he granted to diaqtudifi
person or for disqualified premises in Ireland*]
35 & 36 viOT. c. 94, sohed. 145
SCHEDULES to wiiicli this Act refers. Sched.
FIKST SCHEDULR
{BepedUd by Licensing Act, 1874, section 33.)
SECOND SCHEDULE.
ItToTB. — ^This schedule was repealed by 46 & 47 Vict c 39,
lidL, but is here retained for convenient reference. Each
tote and the extent of its repeal is mentioned in the text
effect of the repeal was, that it did not revive anything not
at the date oi the repeal, so that the schedule as it stood
a record of the existing law, and shows how the previous
were dealt with. See 46 & 47 Vict. c. 39, s. 1.]
James 1, c. 7 : So much as is unrepealed.
tOeo. 4, c. 61 : Section 6 ; section 10 ; section 11 ; so much
tion 13 as relates to the form of license ; sections 18 and 19;
Hkm. 20 ; section 21 ; section 22 ; section 23 ; section 25 ;
ition 26 ; also section 27 ; section 28 ; section 29, except in so
las the three last-mentioned sections relate to the renewal of
pues or to the trcmsfer of licenses under sections 4 and 14
the same Act ; also sedition 31 ; section 32 ; section 33 ;
I&ni34
U Geo. 4 & 1 WilL 4, c 64 : Section 6 ; section 11 ; section
^ section 13 ; section 15 ; section 16 ; section 17 ; section 18 ;
ikxi 19 ; section 20 ; section 21 ; section 22 ; section 25 ;
|km 26 ; section 27 ; so much of section 30 as incorporates or
Sta. any repealed enactment
I & 5 WilL 4, c. 86 : Section 4 ; section 7 ; section 10;
fnmdi of section 11 as incorporates or applies any repealed
Mnent ; section 18 ; section 22.
^& 3 Vict. c. 47 : Section 41, from "and in the case of any
Nee* to end of section; section 42 ; section 43.
I&4 Vict. c. 61 : Section 10 ; section 13 ; section 15 ; section
y* section 17 ; section 19 ; also so much of section 21 as in-
*«powte8 or appHes any repealed enactment
11 & 12 Vict, c 49 : The whole Act so far as it relates to
18 k 19 Vict c. 118 : The whole Act
146 LICENSING ACT, 1872, SOHBD,
Sched. . 23 & 24 Vict. c. 27 : Section 5 ; section 17 ; sectioii i
section 26 ; section 27 ; section 28 ; section 29 ; section 31 ; I
sections 18, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, and 42, sofii
such sections relate to the sale of intoxicating liquors of I
offences connected therewith ; also section 39 ; section 40.
23 & 24 Vict. c. 113 : Section 41.
27 &' 28 Vict. c. 64 : The whole Act, except in so £u ai
relates to refreshment houses in which intoxicating liqooD I
not sold.
28 & 29 Vict. c. 77 : The whole Act, except in so faff tfj
relates to refreshment houses in which intoxicating HqiKil|
not sold.
32 & 33 Vict. c. 27 : So much of section 6 as relates to
form of certificate ; section 12 ; section 13; section 14;
section 16 ; section 17 ; section 18 ; so much of sectioii
relates to offences ; section 22.
33 & 34 Vict. c. 29 : Section 5 ; section 6 ; section 7,
"the second and third provisoes" to the end of
section 8 ; section 9 ; section 12 ; section 13 ; aectUMi
section 17.
34 & 35 Vict. c. 88 : The whole Act
37 & 38 VICT, c. 49, s. 2-
147
LICENSING ACT, 1874.
37 & 38 Vict. Cap. 49.
ACT to amend the Laws relating to the Sale and
Consumption of Intoxicating Liquors,
[30th July, 1874.]
USAS it is expedient to amend the Licensing Act,
\j in this Act referred to as the principal Act:
it enacted by the Queen's most excellent Majesty,
and with the advice and consent of the Lords
and temporal, and Commons, in this present
lent assembled, and by the authority of the same,
>llows : —
Preliminary,
Jl. Construction and short title of Act^ 35 ^ 36 Sect. 1.
L C. 94.] This Act and the principal Act shall, so
as is consistent with the respective tenors of such
be construed as one Act, and may be cited together
The Licensing Acts, 1872-1874 ;" but this Act may ,
iry, be cited separately as " The Licensing Act,
J?
2. Commencement of Act."] This Act shall come
operation as to the provisions relating to hours of
(not being provisions relating to the grant of
r-closing licenses), on the tenth of October one
id eight hundred and seventy-four, and not
2 L
148 LICENSING ACT, 1874, s. 3.
Sect. 2, before, and as to the remainder, immediately on
passing of this Act.
- (Some words repealed by 46 & 47 Vict. c. 39, Sched., and 1
omitted.)
Hours of Closing.
3. Hour of closing premises licensed for 9i
of intoxicating liquor s,~\ All premises in which inio
eating liquors are sold by retail shall be closed asl
lows (that is to say,)
(1) If situate within the metropoKtan district —
(a) On Saturday night from midnight until I
o'clock in the afternoon on the foUovi
Sunday ; and
(b) On Sunday night from eleven o'clock untfl I
o'clock on the following morning ; and
(c) On all other days from half-an-hour after flj
night until five o'clock on the same morai^
and
(2) If situate beyond the metropolitan district tali
the metropolitan police district or in a toiti
in a populous place as defined by this Act;
(a) On Saturday night from eleven o'clock untillll
an-hour after noon on the following SiBdhl
and
(6) On Sunday night from ten o'clock m&i
o'clock on the following morning ; and
(c) On the nights of all other days from abW
o'clock until six o'clock on the following W0
ing ; and
(3) If situate elsewhere than in the metropolitaBli
trict or the metropoUtan police district tffll
tovm or populous place as aforesaid, —
37 & 38 viOT. 0. 49, s. 3. 149
(a) On Saturday night from ten o'clock until half- Sect* 3.
an-hoor after noon on the following Sunday ; "~
and
(6) On Sunday night from ten o'clock until six
o'clock on the foUowing morning ; and
i (e) On the nights of all other days from ten o'clock
b until six o'clock on the following morning.
h. premises wherever situate shall, save as herein-
mentioned, he closed on Sunday afternoon from
or half-past two according as the hour of opening
be one o'clock in the afternoon or half-an-hour
noon until six o'clock.
tBuch premises wherever situate shall be closed on
las Day and Good Friday, and on the days pre-
Christmas Day and Good Friday respectively, as
Christmas Day and Good Friday were respectively
ly, and the preceding days were respectively
ly, but this provision shall not alter the hours
ig which such premises shall be closed on Sunday
Christmas Day immediately precedes or succeeds
flBie ** metropolitan district " is defined by section 32 and the
Mdnle, post, " Town " and " populous place " are ako defined
wtion 32, post.
Under the repealed 24th section of the Act, 1872, the justices
ll of the metropolitan district could vary the hours very con-
lenMy both on Sundays and week-days, but under this enact-
tok the hours are fixed both in the metropolitan district and
It olil^ except that by the 6th section the justices can, in extra-
■taopoJitan districts, turn the period of closing between half-past
^md half -past 2 into the period between 1 p.m. and 3 p.m. If
€jr do not vary the hours then this 3rd section fixes the period
Kolntely for the extra-metropolitan districts as between half-
•fc 12 PJC. and half-past 2 p.m. See section 6 and notes, post
tterefore the justices do nothing under section 6 the hours
feudn as fixed by this section.
Aft icgards Christmas Day and Good Friday, the day preceding
dl is to be deemed a Saturday, and therefore in the metropol^
150 LICENSING ACT, 1874, s. 3.
Sect. 3. Closing Hours.
Note, the houses must be closed on the preceding night at
in extra-metropolitan districts at 11 p.m. and 10 P.M.
the population.
Grocers' premises,] Where premises are kept for
ferent purposes, as, for example, where a house is subdii '
two parts, one for selling liquors and the other for
at the closing hour for liquors the part used for selling
c]osed by shutters, and all communication with the gro(
is cut off, no offence is committed by continuing to seU
and other articles in the other part of the premises a
grocer's shop is kept open merely as a bli^d for the other
as to which last matter of fact it will *be for justices to
Brigden v. Heighes, 1 Q. B. D. 330 ; 40 J. P. 661 ; 45 L. J.
58 ; 34 L. T. 242 ; 24 W. R. 272 ; Ex parte JoyrU, 38 J. P.
So where the large wooden case in which all the liqaoa^
kept was shut up and locked : Tassell v. Ovenderiy 2 Q. B. D. :
41 J. P. 710 ; 46 L. J. M. C. 228 ; 36 L. T. 696 ; 25 W. R
Where sold only under excise license,'] Where
spirits are sold under an excise retail license, though no ji
license may be required and is not taken out, these no
closing equally apply : Martin v. Barker , 50 L. J. M. C. 101 J-
L. T. (n.S.) 214 ; 45 J. P. 749.
Local customs.] There can be no such thin^ as t li
custom, as, for example, Mid-Lent Sunday, dispensing wi4 1
prohibitions here laid down : Stacy v. MUne, 39 J. P. 103L
Six-day licenses.] The case of the six-day licensed iM
has been entirely forgotten in this section. Nothing will
expressly in the Act, 1872, section 49, as to how these tal
were to be situated as to Christmas Day and Ckxxl Fridiy;!
as to Sunday these houses were to be closed the whole day. "
section says that premises wherever situated shall be wd
Christmas Day and Good Friday as if these days were Soli
and they cannot be treated as Sunday unless these siz-dif]
mises are closed the whole day. The legislature probabljli
to provide for the six-day houses, and the question is whit ■
result of the enactments. If this section is confined to the ••
day houses, then there will be no enactment reqainng Ai
day houses to close on Christmas Day or Qood Friday tni'l
than week davs. If this section had said. " as if Chzistmii
and Good Friday were respectively Sunday (u above dttfi
then it would have made the six-day Christmas Di^andC
Friday the same as the seven-day Chiistmas Di^ and (
37 & 38 VICT. c. -to, s. :). U
Closing Hours. Sect J
r. There being, however, no such wdtiIs a3 " its iU/oiui Note
led," and nothing to limit the general won Is ^' shall bu closi'il
ZShxistanas Day and Crood Friday were Sun<lay," it st^eiiid to
7 that the siz-day houses must be clrtsud tlie wh(»lo r>f
(tmas Day and Good Friday, the same as on Sunday. NevtT-
8BL owing to the apparent nardship, it* it be a lianlship, or at
tne oversight, justices may fairly \\<q their discTi.*ti«»n iis to
they will treat this enactment as re;,'ar<.ls the six -day houses,
may Tefnse to convict, thereby leavin;^ it to those iuterrsttd
Ite the opinion of the High Court.
VeUh Sunday Act] Under the JVdsh Sumhuj Ad, 44 & 45
L c 61, post, it has been held tliat tliiit Act di«i not interfere
1 the previous law as to Cliristnias Day or Gootl Friday, what-
t that may be, but only dealt with Sunday : Fursdike v. Col-
vwn, 11 Q. B. D. 71 ; 49 L. T. 136 ; 47 J. P. 31)3.
Jcmputation of time,] Formerly the justices were not bound
bUow Greenwich time, but followed the moilium tiiue ot the
ce, as in Curtis v. MarsJi, 3 H. & X. 8G6 ; ^3 J. P. 0G3 ; 28
J. M. C. 36. But now, whenever any expression of time
QiB in any Act of Parliament, deed, or other le;,'al iustrumenl,
less it is otherwise specifically stated, this shall mean in Great
■tain Greenwich time : 43 & 44 Vict. c. 9, s. 1.
Sunday piiblic entertainments.] A house, room, or other
ce which shall be opened or used for public entertainment, or
Qsement, or for publicly debating on any subject whatsoever
an any part of the Lord's Day, calle<l Sunday, and to which
?Bons shall be admitted by the payment of money or by tickets
d for money, shall be deemed a disorderly house or place, and
I keeper, &c., shall forfeit 200Z. for every day so opened or used
mch person as shall sue for the same ; an<l the i>erson managing
conducting, &c., shall forfeit 100^., and every doorkeepei-,
Tsnt, &C., shall forfeit 50^. : 21 Geo. 3, c. 49, s. 1. Any per-
i behaving as master, mistress, or manager, shall l^e deemed
> keeper, though not the real owner, and each of several joint
ners shall be deemed the keeper. And any house, room, or
ice where tea, coffee, or other refreshment of eating or drinking
the Lord's Day at any greater prices than the usual prices on
vex days shall be deemed a house, &c, to which persons are
mitted on payment of money, though no money is taken for
ooittanee : Ibid, s. 2. Persons advertising such places are also
Ida to 50L penalty : Ibid, s. 3. Actions for penalties to be
inght within six months : Ibid. a. 5.
Wheire only sacred music is perform^ the place is not subject to
152 LICENSING ACT, 1874, s. 5.
Sect. 3. this Act : Ba^cter v. Langky, L. R. 4 C. P. 21 ; 38 L. J. ILC
,j~ 32 J. P. 805. But an aquarium, where a biass band pkreB
^^'^* is within the Act : Terry y, Brigktm Aqucnivm, L. R. 10(J.B»
89 J. P. 519 : 44 L. J. M. C. IVS; 32 L. T. 458; Wm
Brighton Aquarium^ L. B. 10 Ex. 291. A verdict in an adk
a fnendlv informer cannot be set up as a defence : G^tnBflto
Brighton Aquarimn^ 4 Ex. D. 107 ; 43 J. P. 428.
The Crown may remit the whole or any part of thepfl
inciurcd under this Act : 38 & 39 Vict, c 80, & 1.
4, E;tem})tio)is as to theatres repealed.
exemption from the above-mentioned hours of d
shall not be granted in respect of premises in the n
bourhooil of a theatre, for the accommodation of pe
attending the same. (Part of this section repeah
46 & 47 Viet. e. 39, Sched.)
The words in the 26th section of the Licensing Act, 187S
p. 50, hereby repetUed, have been altered in that section i
way pointed out by this section. See notes to that section
p. 52.
5. Exemptims as to beerhouses.^ The gra
an order of exemption under the said twenty-sixtt
tion amended as aforesaid may be made to any p
licensed to sell beer or cider by retail, to be cons
upon the premises, as well as to any licensed vict
or licensed keeper of a refreshment house.
Fmiher exemptions as to beerhouses.^ The
of a Ucense under the twenty-ninth section of the
cipal Act may be made to any person licensed t
beer or cider by retail, to be consumed upon thi
mises, as well as to any Ucensed victualler or kee
a refreshment house in which intoxicating liquoi
sold.
The 26th and 29th sections of the Licensing; Act, 18T
pp. 50, 55, have been altered in the way pointed out I
section. See the notes to those sections.
37 & 38 VICT. c. 49, s. 6. 16*
Wer to vary on Sunday afternoon hours Sect 6,.
g premises for sale of intoxicating liquors.^
(tanding anything in this or in any local Act
I, the licensing justices may, if they think fit,
5ts premises in which intoxicating liquors are
m situate in any place beyond the metropolitan
?br the purpose of acconunodating the hours of
►n Sunday, Good Friday, and Christmas Day
ours of pubUc worship in such place, by order
it such premises shall remain closed until one
n the ajpternoon instead of half-an-hour after
1 in that case such premises shall be closed in
•noon from three until six o'clock, instead of
F-past two until six o'clock.
rder made by the Ucensing justices under this
hall not come into operation until the expira-
►ne month after the date thereof, and shall be
id in such manner as the Ucensing justices
id shall be in force until the same is revoked ;
use of any such advertisement may be defrayed
manner as the expenses of advertising the
)f such justices are defrayed.
ition gives a discretion to the licensing justices to alter,
t-hour, the closing of premises on one part of Sunday,
Day, and Good Friday, but not on public fasts or
ing days. The discretion can only be exercised in one
3ly, by turning half-past 12 p.m. into 1 p.m. No inter-
ime can be fixed on ; it must be 1 p.m. or nothing.
LO necessity for saying in the order that the houses shall
P.M., for tnat will follow as a matter of course both b^
and this section. The purpose of altering the hours is
be for accommodating the hours of closing to the hours
worship, but that is a vague phrase and cannot be
) limit tne discretion of the justices.
held that where a penalty was formerly put on opening
e hours of divine service, there could be no conviction it
154 LICEXSIXG ACT, 1 874, s. 6.
Sect. 6. there was no divine service : B. v. Knapp, 2 K & B. 447; ttl
Note 31 C. 139 ; 17 J. P. 599. But under this and the 3rd sectki
' peoudtj is put on opening during fixed horns subject to tiie tii
variations made in this section.
How order is to be made.] In the corresponding emeb
in the 24th section of the Act, 1872, now repealed, the ji
could only make an order altering the hours for closmg i
general annual licensing meeting or an adjournment, aid
giving twenty-one days' notice, but nothing is said in this M
either as to the giving of any preliminary notice or as to die
of making the order. This gives rise to a difficulty. As no
is specified, the natural interpretation is that the jastioei
make the order at any time and are not bound to give any |
notice. As, however, it is left to the discretion of the ji
they will no doubt exercise that discretion much in thi
manner as they did under the Act of 1872, by giving km
liminary notice, and also hearing parties on the suhjectif
desire it. Probably the legislature thought the power of all
was so trifling in extent that it was not necessary to present
conditions, more especially as the time of public woirf
usually fixed in each locality, and therefore it is rather a i
of arithmetic in each case than of public policy. And asthi
of public worship may vary in each district, it seems com]
for the justices to alter the hours in one part of the distrii
not in another part. When the order is made it is not to
into force till the expiration of one month after the date,
better opinion seemed to be that they could not make si
order before the 10th October, 1874. Month means ct
month : 13 Vict. c. 21, s. 14.
And the justices have no discretion as to when the ordc
come into force. The mode of advertising the order is
discretion of the justices, but should be such as to give
notice to all the people in the district affected.
Who are licensing justices,] The order altering the •
hours can only be made by the licensing justices, who,
74th section of the Licensing Act, 1872, are "the justices
jurisdiction in respect of the grant of new licenses in a lie
district, under 9 &eo. 4, c. 61, as amended by this Act"
is some ambiguity in this definition, since the justices now
with regard to new licenses are divided into two bxxiies,
whom must join in every new grant. But the better const
is, that the justices who ai*e to make the order to vary the
are not the confirming body, but the body who initiate th(
The confirming body nave no jurisdiction to initiate a new
37 & 38 VICT. c. 49, s. 7. 165
et can only veto or assent to a new grant already Sect. 6.
id hence have no more jurisdiction in respect of new ■—
the High Court might have in some cases when, by -'^O'^-
* TTumdamus^ that court may treat a new grant as no
he confirming justices are not licensing justices, then,
the county justices are the justices to make the order.
) having ten justices it is the borough licensing com-
in boroughs with less than ten justices it is the
tices who alone can make the oi*der. This construe-
to follow from the words " new j^ant," and the last
le above definition of licensinp^ lustices, namely, " as
' this Act." If these words had been omitted from
)n then in £dl cases it would have been the whole body
But as the Act of 9 Geo. 4, c. 61, is to 1>e taken as
e,y by turning the whole body into a more limited
oughs having ten justices, this implies the distinction
and the Licensing Act, 1872, section 43, and this Act,
confirm it. Though, however, this seems to be the
itruction, yet the law officers of the Crown, in 1873,
have given their opinion that "licensing justices"
^hole body of justices in all cases. See 37 J. P. 639.
vrly closing licenses.^ Where, on the occa-
application for a new license, or the removal
1 of a license which authorises the sale of any
ig liquor for consumption on the premises,
jant applies to the licensing justices to insert
use a condition that he shall close the premises
of which such license is or is to be granted
earlier at night than that at which such pre-
dd otherwise have to be closed, the justices
t the said condition in such license.
ler of a license in which such condition is
m this Act referred to as an earli/ closing
eJI close his premises at night one hour earlier
ordinary hour at which such premises would
mder the provisions of this Act, and the pro-
this Act and the principal Act shall apply to
56 LICENSING ACT, 1874, s. 8.
Sect. 7. the premises as if such earlier hour were tihe hoar
which the premises are required to be closed.
The holder of an early closing license may oU
from the Commissioners of Inland Revenue any Hoi
granted by such commissioners which he is entitle
obtain in pursuance of such early closing license, ii
payment of a sum representing six-sevenths of the (
which would otherwise be payable by him for a sifl
license not limited to such early closing as aforei
In calculating the six-sevenths, fractions of a pi
shall be disregarded.
The notice which a licensed person is requirec
section eleven of the principal Act to keep painte
fixed on his premises shaU, in the case of an i
closing Ucense, contain such words as the liceii
justices may order for giving notice to the public
an early closing license has been granted in reepe
such premises.
This section is an imitation of the 49th section of the
Act, 1872, as to six- day licenses, though the words are f^
altered. The application cannot be refused by the jnstioa
they have only power to grant it on an application for a nei
renewal of an old license, and cannot grant it on a transfer *
license as can he done with reference to a six-day licenfie.
This section, as well as the 49th section of the Act, U
founded on the mistaken notion that a license holder cannot
his premises at any hour he thinks proper, and all the lei
on that subject in the notes in section 49 of the Act, 187S
p. 89, apply to this section.
As, however, the courts have decided that when once a 1
holder has asked for the six-day condition to be ineeita
justices can never after>vards be bound to omit the condit
requested, on future renewals, the same rule will apply to
closing licenses : R. v. Crewkerne J J., 21 Q. B. D. 85 ; 62 J. I
61 L. J. M. C. 127; 60 L. T. 84; 36 W. R. 629.
8. Remission of duty in case of six^y
early closing liceui<e.^ A person who takes <
37 & 38 VICT. c. 49, s. 9. 153
anse containing conditions rendering such license a Sect 8.
-day license^ as well as an early closing license,
kU be entitled to a remission of two-sevendis of the
by.
Che dutieB upon retailing liquors are now regulated by the
and Bevenue Act, 43 & 44 Vict. c. 20, s. 43, post
O. Penalty for infringing Act as to hov/rs of
^Svng.'\ Any person who —
During the time at which promises for the sale of
intoxicating liquors are directed to he closed by or
in pursuance of this Act, sells or exposes for sale
in such premises any intoxicating liquor, or opens
or keeps open such premises for the sale of intoxi-
cating Uquors, or allows any intoxicating liquors,
although purchased before the hours of closing, to
be consumed in the premises,—
all, for the first offence, be liable to a penalty not
oeeding ten pounds, and for any subsequent offenct^,
a penalty not exceeding twenty pounds.
TboB enactment overrules all local customs : Stacy v. Milnsj 39
P. 103.
Tliis aection is in substantially the same words as those used in
h 84th section of the Licensing Act, 1872, now repealed, except
rt tihe words are introduced, " although purchased before the
of closing." Wben the liquor is purchased before the
of closing, but not to be consumed on the premises, there
to be no offence, and customers may call for liquor after
Ming hoars, if previously nurchased. ^ ^
The offence oi selling during prohibited hours is different from
at of keeping open the premises for the sale of liquor during
eh hours, and the evidence which might be sufficient to prove
e offence, may be insufficient to prove the other. Great care
tlieiefoie required in selecting the proper clause under which to
oeeed. A keeper of a licensed house was not precluded by
e fonner Acts from having friends as guests during the pro-
bited hours, and supplying them was neither selling nor keeping
.68 LICENSING ACT, 1874, s. 9.
Sect. 9. open the house for sale : Overton v. Hunter, 23 J. P. 808 ; 1 1
— 360. But under this section the consumption of liquor racni
NOTE, purchased is not to be consumed on the premises aJter tlie di
hour —at least in all cases as between an ordinary cnstQiHl
the license holder. A gift of liquor diiring those homi
gift be clearly establish^, was, however, formerly not held t
within the penalty : Fetherick v. Sargent, 26 J. r. 136 ; 6)
48. And this exception is now expressly recognised andeih
by the 30th section of this Act But a barter may he tnit
in the nature of a sale in many cases. See Act, 1872, sedM
ante, p. 11 5. In ascertaining the hour, the j ustices were not boi
follow Greenwich time : Curtis y. Marsh, 23 J. P. 663 ; 3tt
365 ; 28 L. J. Exch. 36. But now Greenwich time is meo
all statutes and deeds in Great Britain, if not stated to the
trary : 43 & 44 Vict, c. 9. A conviction should state d
which offence is found, as this may affect future consequenet
proceedings against the licensed person. See Neumam t.
shye, 10 A. & E. 11 ; 2 P. & D. 340.
Selling or keejping open.] The following cases illusttt
distinction between selling and keeping open : —
In Tennant v. Cwmherland, 1 E. & E. 401 ; 23 J. P. 67;
beerhouse keeper, was charged with opening his house ft
sale of beer before a certain hour on Sunday. The evideiM
that the door was shut at twelve on Saturday night, hat
two on Sunday morning a constable saw the beerhooee 1
and another man drinking ale inside, and soon afterwan
man came out. There was no proof of selling beer, an
Court of Queen's Bench held there was no e^^dence of die <
of keeping open his house, though there was some of sellin
during the time. In Gates v. S(mih, 23 J. P. 739 ; IL. T. 9
alehouse keeper was charged with keeping open the house i
of spirits during the prohibited hours. The only evideiK
that guests remained in the house after the hour of dotii
there was no selling of liquor after the hour of closing. Th<
held there was no evidence of keeping open, and that an al
keeper was not boimd to turn his guests out when the dock
twelve. In Pearse v. Gill, 41 J. P. 742, some country fanm
met to transact business as to letting some grass field
remained after the hours of closing, the outer door being
and the court held there was evidence to support a convid
keeping open. In Thompson v. Greig, 34 J. P. 214, an al
keeper was charged with opening his house in prohibited
The door was kept partly open. During the prohibited
some men were found inside with glasses before them and
and the court held that this was some evidence to rapp
37 & 38 vioT. c. 49, s. 10. 15»
In Jefferson v. Richardson, 35 J. P. 4*70, an alehouse Sect. 9.
was charged with opening and keeping open on Sunday. ^^
"ere seen to come out of a side door, thougn the front door
Lnt, but there was no evidence that liquor had been sold
: prohibited hours. It was held there was no evidence to
t the charge. In Brewer v. Shepherd, 36 J. P. 373, a beer-
keeper was charged with keeping his house open. A man
en to go into the house after the hour of closing, and to
rat with a bottle of beer. It was explained that he had
osly called before the hour of closing and paid for the beer,
ent to get shaved, and then returned to fetch the beer,
.e justices, disbelieving the explanation, convicted, and the
of Queen's Bench held there was some evidence to support
aviction, and so affirmed it A constable entering during
ited hours found two men secreted, one having a pot of
)eer in his hand ; the outer doors were shut, and the men
m to enter ; held, some evidence of opening the house for
Finch V. Blundell, 5 L. T. 672 ; 26 J. P. 71. During pro-
i hours the street door was found open, and men, not
B or travellers, drinking inside, but there was no eWdence as
en the liquor was sold; held, some evidence of keeping
or sale : Smith v. Vaux, 6 L. T. 46 ; 26 J. P. 134.
also notes to section 3, ante, p. 150.
dse license and grocers' license,] Where premises
e no justices' license for the sale by retail of liquors, they
jvertheless subject to the closing hours specified in Act,
section 3, and notes, ante, p. 148. And where grocers and
carry on other business, the premises do not require to
sed so fiEir as the other business is concerned. See notes to
874, section 3, ante, p. 150.
}, Saving as to bonS, fide travellers and
T*.] Nothing in this Act or in the principal Act
ined shall preclude a person licensed to sell any
icating liquor to be consumed on the premises from
g such liquor at any time to bond fde travellers or
arsons lodging in his house : Provided that no
a holding a six-day license shall sell any intoxi-
5 Kquor on* Sunday to any person v^hatever not
ig in his house.
provisions of this Act or the principal Act rela
closing, such person (in this section referred to
defendant) fails to prove that the person to wh
intoxicating liquor was sold (in this section refe
as the purchaser) is a bond fde traveller, but the
are satisfied that the defendant truly believed tj
purchaser was a bona fide traveller, and further tl
defendant took all reasonable precautions to ac
whether or not the purchaser was such a travel]
justices shall dismiss the case as against the def
and if they think that the purchaser falsely repp
himself to be a bond fide traveller, it shall be la¥i
the justices to direct proceedings to be instituted
such purchaser under the twenty-fifth section
principal Act.
A person for the purposes of this Act and tb
cipal Act shaU not be deemed to be a bond fide in
unless the place where he lodged during the pw
night is at least three miles distant from th
where he demands to be supplied with liquoi
37 & 38 viOT. 0. 49, s. 10. 161
p. 47. And there is no clear limit to the honrs of closing, Sect. 10«
t any time dnring day or night there may be persons waiting jjTI^
jpart from the station, so that strictly speaking no hours of
ng are defined. The exemption of railway travellers arrivinjg
' departing from the station was already established. Thus it
held that persons supplied ten minutes before the train
ed were travellers. It was also held that the ftvct of two non-
sUers being amongst other travellers supplied, was not of itself
Bnce of the offence : Fish&r v. Howard, 34 L. J. M. C. 42 ; 11
L 373 ; 29 J. P. 246 ; 13 W. R. 145 ; Cophnj v. Burtmi, L. R.
P. 489 ; 39 L. J. M. C. 141 ; 22 L. T. 888. This express
uption extends to travellers whether livin«^ near the railway
on or not, if they have just arrived from or are about to
lit from such station. The distance of the journey by railway
18 immateriaL And the words "perscjiis arriving at or
irting from such station by raUroad " are obviously wider than
ordinary word " travellers."
hkh of liquor to travellers and lodgers.] The exemption
a the penalty on the ground of serving a traveller is confined
tenses licensed to sell liquor " to be consumed on the pre-
68 ; " and keepers of houses licensed to sell liquor not to be
Bomed on the premises are not mentioned, so that they cannot
m any exemption. The question as to who was a traveller
bin the meaning of the exemption depended very much on his
ance from home, and the courts had held that a person walking
driving two-and-a-half miles from home sufficiently comes
hin the description of a traveller : Peplow v. Richardson, 33
P. 407 ; L. R. 4 C. P. 168 ; 17 W. R. 410. Whether business
pleasure is the object of the traveller is wholly immaterial :
aiMm V. Sellers, 5 C. B. (n.s.) 442 ; 28 L. J. M. C. 12 ; 23 J. P.
; TwyloT v. Humphries, 30 L. J. M. C. 242 ; 10 C. B. (n.s.)
I ; 28 J. P. 793 ; 9 W. R. 705 ; 4 L. T. 514 ; though a person
Dg a short distance for the sole purpose of getting drink was
1 not to be a traveller.
Ji any proceeding against the keeper of a licensed house for
mlying liquor to persons during the prohibited hours, it was
d in Roh&rts v. Humphreys, 42 L. J. M. C. 147 ; 29 L. T. 387 ;
W. R. 885 ; 38 J. P. 135 ; L. R. 8 Q. B. 483, that it lay on
> defendant to prove that the person supplied was a traveller.
however, the stranger, being unknown to the housekeeper,
laked and answers that he is a traveller, and states the place
alept at on the previous evening, and there is no reason for
believing him, that will be enough to justify the supply of
reahment
M
162 LICENSING ACT, 1874, s. 10.
Sect. 10. Where about sixty persons were found sitting in an alA
jJT^j. in prohibited hours, let in at a back door, of whom three
travelled four miles, but had sat more than two hours, all tk
of the company being travellers, it was held the jnsticee ■
fairly draw the inference that all the people were not Umd
travellers : Gallimore v. Goodall, 38 J. P. 697. But where a 1
number of supposed excursionists were served near a m
station, and one or two persons living a mile off were served
without the license holder being aware who they were, the <
held there was no evidence of the offence : Watt v. Glmtk
J. P. 181 ; 32 L. T. 856. And where one or two non-tra?i
are among travellers supplied this will not justify a convictii
absence of the evidence of intention : Peache v. Colman, L
C. P. 324; 35 L. J. M. C. 118; 14 W. R. 439.
The three miU limit,'] By the latter part of this sectk
person shall now be deemed a traveller unless he is three i
from his place of sleeping on the previous night. And it has
decided that the three miles are to be measured by the M
public thoroughfare, whether by land or water. Thus whe
sailing in a boat across a public navigable lake or arm of th
the distance would be less than three miles, while round by
it would be eight miles the landlord would be liable for ea
such traveller, for the way by sea was within the prohitited
tance : CmJb&rt v. Troke, 1 Q. B. D. 1 ; 40 J. P. 533; 45 L. J.!
7 ; 33 L. T. 340 ; 24 W. R. 41. Nothing is said as to the 1<
of time that has elapsed since the journey began. Though,
ever, the person slept three miles off the previous night, it
not follow that he is entitled to be served, the justices havinf
to find whether he had come to the place for the sole oly
obtaining the liquor, and this may depend on the intern
period of time between the sleeping and the application,
lodging-place includes the traveller's own or any friend's 1
and is not confined to a lodging-house ; otherwise an abei
would arise.
The mere neglect of a ser>'ant, contrary to his or her in
tions, to ask if the person supplied was a traveller, will DOt i
the keeper of the house liable : Copley v. Burton, L. R. 5 C. P
22 L. T. 888 ; 39 L. J. M. C. 141. But it will depend on wl
the servant was a manager of that department of Uie bm
Bond V. Evans, 21 Q. B. D. 249; 52 J. P. 613; 67 L.J.
105 ; 59 L. T. 411 ; 36 W. R. 767, and see notes to Act,
ss. 16, 17.
A lodger in the licensed premises is not allowed to p
billiards after the closing hour for sale of liquors: 0mm
Raymond, 34 L. T. 698; 40 J. P. 727; see anU^ p. 142; a
37 & 38 VICT. c. 49, s. 11. 163
I allowed to carry on gaming : Hare v. Osborne, 34 L. T. 294 ; Sect. 10.
P. 759. But there is nothing to prevent a lodger or traveller vZ^
tiUTiing his friends, so long as there is no selling to such ^^
dfly and the lodger pays for uiem : Pine v. Barnes, 20 Q. B. D.
52 J, P. 199; 57 L. J. M. C. 28; 58 L. T. 520; 36 W. R.
the person falsely represents himself to be a traveller or
sty lie wiU, under section 25 of the Licensing Act, 1872, incur
lalty of 5/. See notes to that section.
.1. Hours of closing mgliUlioiises.'] Whereas by
Act of 27 & 28 Vict. c. 64, it is provided that no
on within the limits of that Act shall open or keep
I any refreshment house, to which that Act so far as
s unrepealed applies, or seU or expose for sale or
Rimption in any such refreshment house any refresh-
tts or any article whatsoever between the hours of
and four o'clock in the morning : And whereas it is
Bdient to amend the provisions of the said Act : Be
herefore enacted that the said Act, so far as it is
epealed, shall be construed as if there were sub-
ited therein for the hour of one o'clock in the
ning the hour of the night or morning at which
mises licensed for the sale of intoxicating liquors by
111 situate in the same place as such refreshment
ise are required to be closed, and as if the whole of
g^d were vnthin the limits of the Act, and as if the
lession " district " in the Act included any place in
ieh such refreshment house is situate.
section relates to the Night-house Closing Act (27 & 28
L c 64), which was confined to the metropolis and certain
lughfl, and which was repealed by the Licensing Act, 1872, as
Kmses licensed to sell intoxicating liquors. See the Act, post
B Act is now extended to England and Wales, and no night-
Be is to be open after the prohibited hours for licensed houses,
tQl 4 A.M. following.
M 2
164
LICENSING ACT, 1874, S. 13.
Records of Conviction and Penalties.
Sect. 12. 12. Mitigation of penalties.^ When any
holding a license under this or the principal Aot
convicted of any oflfence against this or the
Act, or against any of the Acts recited or nu
therein, the court may not, except in the case of a
offence, reduce the penalty to less than twenty
nor shall the penalty, whether of excise or polioey
reduced in any case to less than the miTiininin ai
rised by any other Act.
This section repealed 35 & 36 Vict, c 94, s. 67, and in sal
tion thereof allows justices on a first offence conimitted afttf 1
Act to reduce the penalty to any amount, except where any
Act forbids it. The Excise Acts prevent a penalty for a a
offence being mitigated to less than one-fourth : 7 & 8 Qea '
c. 53, s. 78; 2 & 3 Vict. c. 71, s. 35; Murray v. Thamftm,^
J. P. 70 ; 22 Q. B. D. 142 ; 60 L. T. 151.
The Summary Jurisdiction Act, 1879 (42 & 43 Vict a 48, a;
gave power to mitigate any penalty for a first offence ; and, '
section 53, extended that Act to inland revenue proceedinga
13, Record of convictions on licenses.^
any Ucensed person is convicted of any offence
the principal Act which by such Act was to have
or might have heen indorsed upon the license^ or rf
offence against this Act, the court before whom
offender is brought shall cause the register of lioenfltfi
which the Ucense of the offender is entered, or a copyi
the entries therein relating to the license of the
certified in manner prescribed by section fifty-eigfat
the principal Act, to be produced to the court
passing sentence, and after inspecting the entries
in relation to the Ucense of the offender, or audi
thereof as aforesaid, the court shall declare, as part of W
37 & 38 viOT. c. 49, s. 13. 16£
Aence, whether it will or will not cause the conviction Sect. 13.
r sacli offence to be recorded on the license of the
Eender, and if it decide that such record is to be made,
e same shall be made accordingly.
A declaration by the court that a record of an offence
,to be made on a license shall be deemed to be part of
le conviction or order of the court in reference to such
PEence, and shall be subject accordingly to the jurisdic-
fcm of the court of appeal.
A direction by the court that a con^dction for an
BEsnce is to be recorded on the license of the offender
lall, for the purposes of the principal Act, be deemed
Ipdvalent to a direction or requirement by the Act that
|Hsh conviction is to be recorded ; and all the provisions
r the principal Act importing that convictions are
bquired or directed by the Act to be recorded on the
oense of an offender diall be construed accordingly.
This seclion remoYes the distinction contained in the Licensing
kct» 1872, between certain convictions which were recorded by
Mention of law and those which were recorded only by the
auGise of a discretion on the part of the justices. Of the first
liM were sections 6 and 6 of tne Act, 1872; of the second were
iefclcmB 13, 14, 16, 17, 28. This section puts them both on the
le footing in future, and leaves it to the discretion of the
«s in afl cases to order the conviction to be recorded. But
convictions which were recorded by operation of law since
Act of 1872, and before the Act of 1874, will keep their place
In tiie license and on the register, subject to the qualification
badfied in Act, 1872, s. 32, ante, p. 60, as to increasing the
.The corresponding parts of those sections referred to are ex-
MMily repealed by this Act, section 33, and there would, there-
JBM^ be no power now in the justices at all to record any of those
MBEfictians if it were not for the words in the first paxt of this
Mtkaiy which restores the power. The power to record extends
lio to all the offences under this Act.
ThA part of this section as to the court ordering the register of
or copies of entries to be produced, seems merely directory,
166 LICENSING ACT, 1874, s. 14.
Secti 13. and is not a condition precedent to their causing a caniicA
j^~ be recorded. The court is to declare as part of its sett
whether each of those offences is or is not to be rectnded;
such declaration is only deemed part of the conviction or otA
the court resolves that the conviction shall be recorded.
register referred to is regulated by Act, 1872, a. 36, mUi, p
and the register is, by Act, 1872, s. 68, ante, p. Ill, adiMi
evidence of the matters stated therein.
In leases of licensed houses it is sometimes stipulated tiM
tenant shall do nothing that will affect, lessen, «r make vM
license. In such cases if the tenant has been convicted, M
justices have not ordered the convictions to be lecoide^
tenant will not have committed a breach of his covenant; II
will be different if the convictions shall be recorded : fftd
KnoU, 1 Ex. D. 265 ; 40 J. P. 788; 36 L. T. 121 ; 45 L. J. Ell
24 W. R. 1004.
14. Record of conviction for advlteralk
Where a licensed person is convicted of any ofi
against the provisions of any Act for the time beb^
force relating to the adulteration of drink, such ooi
tion shall be entered in the proper register of Uoa
and may be directed to be recorded on the license d
offender in the same manner as if the conyiction i
for an offence against this Act, and when so reoa
shall have effect as if it had been a conviction foi
offence against this Act.
This section replaces sections 19, 20, 21, 22 of the Lieei
Act, 1872, which are repealed by this Act, section 33. The ol
of adulteration of liquors will be dealt with under the Sd
Food and Drugs Act, 1875, 38 & 39 Vict c 63 ; and 42 & 41'
c. 30.
Sale of food not of the proper nature, siibsUmo$9
quality,'] No person shall sell to the prejudice of the pQid
any article of tood or any dru^ which is not of the natan;
stance, and quality of the article demanded by such porn
under a penalty not exceeding 20^ ; provided that an of
shall not be deem^ to be committed imder this aeetioii ii
following cases ; that, is to say,
(1) TVnere any matter or ingredient not injnriouB to ImHA
37 & 38 viOT. c. 49, s. 14. 167
Adulteration of Liqturrs. Sect 14.
been added to the food or drug because the same is NoTS.
rec^uired for the production or preparation thereof as an
article of commerce, in a state fit for carriage or con-
sumption, and not fraudulently to Increase the bulk,
weignt, or measure of the food or drug, or conceal the
inferior quality thereof : 38 & 39 Vict. 63, s. 6.
Hng articles with label] Provided that no person shall
Lly of any such offence as aforesaid in respect of the sale of
Lcle of food or a drug mixed with any matter or ingredient
jnrions to health, and not intended fraudulently to increase
k, weight, or measure, or conceal its inferior quality, if at
He of delivering such article or drug he shall supply to the
. receiving the same a notice, by a label distinctly and
r written or printed on or with the article or drug, to the
tliat the same is mixed : 38 & 39 Vict. c. 63, s. 8.
r insx)ector or police constable may i>rocure a sample and
t the same to the analyst of the district : 38 & 39 Vict.
3. 13. The person purchasing is forthwith to notify to the
or his agent liis intention to have the same analysed by the
analyst, and shall offer to divide the article into three
to be separated and sealed up. Ibid, s. 14. If the in-
r or constable shall apply to purchase any article of food
d to sale by retail and tender the reasonable price, if the
I exposing the same refuse to sell he shall be liable to a
y not exceeding 10/. : Ibid, s. 17. The certificate of the
t is primd facie evidence as to the facts therein stated :
. 21. The seller may, in defence, prove that the article is
me as he bought it and that he has a written warranty with
id. 8. 25.
alteration of liquors.'] The Sale of Food Act, 1879, 42 &
Jt. c. 30, s. 6, now enacts that in determining whether an
5 has been committed under section 6 of the Act 38 & 39
5, 63, by selling to the prejudice of the purchaser spirits not
rated otherwise than by tne admixture of water, it shall be
. defence to prove that such admixture has not reduced the
more than twenty-five degrees under proof, for brandy.
By, or rum, or thirty -five degrees under proof for gin.
^ons to 1879 the following cases were decided : — In Pashler
miU, 41 J. P. 136 ; 35 L. T. 862, a publican sold a bottle
without specifying any quality. When analysed it con-
44 per cent water. The court held there was evidence
>port a conviction for imlawfully selling gin not of the
'j substance, and quality demanded. So where the gin was
\ below proof : JVebb v. Knight, 2 Q. B. D. 530 ; 46 L. J.
168 LICENSING ACT, 1874, s. 14.
Sect. 14. Adulteration of Liquors.
Note. M. C. 264 ; 26 W. K. 14 ; 41 J. P. 726 ; 36 L. T. 791. In anH
case of !Sandys v. Small, 3 Q. B. D. 449 ; 42 J. P. 550 ; 47L
M. C. 115 ; 39 L. T. 118 ; 26 W. R. 814, the pubUcan stpA
a notice in his house in the smoke-room and bar, *' all spiiitii
here are mixed,^' and the court held that as the purchaser bo^
it with his eyes open, though it contained 30 per cent, of wateL
offence was committed : Gage v. Elsey, 10 Q. B. D. 518 ; 47 1
391 ; 48 L. T. 226 ; 52 L. J. M. C. 44 ; 31 W. R 50a
Prohibition against adulteration of beer.] (1) A hntm
beer for sale shall not adulterate beer, or add any matter or tihj
thereto (except finings for the purpose of clarification or od
matter or thing sanctioned by the Commissioners of Ldl
Revenue) before the same is delivered for consumption, and i
beer found to be adulterated or mixed with any other matts
thing (except as aforesaid) in the possession of a brewer of I
for sale shall be forfeited, and the brewer shall incur a fine oil
(2) A dealer in or retailer of beer shall not adulterate or dil
beer, or add any matter or thing thereto (except finings lot 1
purpose of clarification), and any beer found to be aduttentcd
diluted or mixed with any other matter or thing (except finii
in the possession of a dealer in or retailer of beer shall be foiftil
and he shall incur a fine of 601, : 48 & 49 Vict c. 51, s. &
To mix beer with an inferior quality is adulteration: Onfk
Taylor, 19 Q. B. D. 324; 51 J. P. 789; 56 L. J. M. C. 137;
L. T. 310 ; 36 W. R. 47.
Provisions to be applied to allowances and penaUk
The powers and provisions contained in any Act relitiBt
excise allowances, or to penalties or forfeitures under Excise i
and now or hereafter in force, shall respectiveljr be of full fc
and effect with respect to the allowances mentioned in this |
of this Act, and the penalties and forfeitures thereby impoflca
far as the same are applicable and are consistent with the t
visions of this Act, as fully and effectually as if the same 1
been herein specially enacted with reference to the last-mentifli
allowances, penalties, and forfeitures respectively : 48 & 49 ^
c. 51, s. 9.
Procedure under Sale of Food Acts,] The ward **fa
includes every article used for food or drink bv nian other tl
drugs or water : 38 & 39 Vict. c. 63, s. 2. The proceedinfl
recover penalties are under the Summary Jurisdiction Acts :i
8. 20. But all summonses for the offence must be served wit
a reasonable time, and in the case of perishable artideii
exceeding twenty-eight days from the date of purchaae, and
37 & 38 VICT. c. 49, s. 15. 16J
Advlteration of Liquors. Sect, 14
Bimoiis must state the prosecutor's name and particulars of the Note.
ce, and must be made returnable in less than seven days
service : 42 & 43 Vict c. 30, s. 10.
18 not necessary to prove that the seller knew of the adulte-
jikm : BdU v. ArmsUad, 20 Q. B. D. 721 ; 52 J. P. 471 ; 57
1 2. M. C. 100; 68 L. T. 811 ; 36 W. R 720. The false repre-
ktstion must be made at the time of the sale and not at a j>rioi
Kirk v. Coates, 16 Q. B. D. 49 ; 50 J. P. 148 ; 55 L. J.
C. 182 ; 54 L. T. 178 ; 34 W. R. 295. The sale is deemetl to
to the prejudice of the purcliaser unless the purchaser is told
the mixture and makes no objection : Scindys v. SmuH, L. R.
^ R 49 ; 42 J. P. 550 ; 26 W. R. 814 ; Hiygins v. Hall, 51
\ 293. It is no defence that the purchaser Ix) light only for
: 42 & 43 Vict. c. 30, s. 2. When an insj)ector sends a
_ 5r into the place of sale and waits outside the inspector
itiie purchaser : Stace v. Smith, 45 J. P. 141 ; Harder v. Scott,
% R D. 552 ; 49 L. J. M. C. 78 ; 42 L. T. 600 ; 44 J. P. 520 ;
W. K 918. The purchaser must notify the intention to have
\ article analysed : Barnes v. Ghipp, 3 Ex. D. 170 ; 47 L. J.
C. 85 ; 38 L. T. 570 ; 26 W. R. 635. But calling the analyst
county instead of the public analyst, if he is both, is no
ction : JVheeker v. JFehh, 51J. P. 661. If there is no evidence
to eontradict the analyst's certificate the justices are l>ound to act
mniit : Harrison v. Richards, 45 J. P. 552.
When a defence is made under 38 & 39 Vict. c. 63, s. 25, that
fle article had been purchased by the seller with a written
Mnanty as to its nature, the warranty must be specific and
r" ' leral : Harris v. May, 12 Q. B. D. 97 ; 48 J. P. 281 ; 32
695 ; 53 L. J. M. C. 39. The ollence under section 6 is
confined to adulteration but extends to articles when thev are
it in substance and quality : Knight v. Boxoers, 14 Q. B. D.
; 49 J. P. 614 ; 54 L. J. M. C. 108 ; 63 L. T. 234 ; 33 W. R.
15. Temporary continuance of licenses for-
fskedfor single offences.^ Where any licensed person
is convicted for the first time of any one of the following
offiances : —
1. Making an internal communication between his
licensed premises and any unlicensed premises ;
8. Forging a certificate under the Wine and Beer-
house Acts, 1869 and 1870 ;
170 LICENSING ACT, 1874, s. 15.
■Sect, 15. 3. Selling spirits without a spirit license ;
4. Any felony ;
and in consequence either becomes personally disqi
fied or has his Ucense forfeited, there may be nuuk
or on behalf of the owner of the premises an applici
to a court of summary jurisdiction for authority ioei
on the same business on the same premises until
next special sessions for licensing purposes, and a I
ther application to such next special sessions for
grant of a license in respect of such premises, and
this purpose the provisions contained in the Intoxidii
Liquor Licensing Act, 1828, with respect to the gi
of a temporary authority, and to the grant of licensei
special sessions, shall apply as if the person convie
had been rendered incapable of keeping an inn, and
person applying for such grant was his assignee.
This section refers to making an internal communicatkn (
trary to the Licensing Act, 1872, section 9 ; forging a certift
contrary to 32 & 33 Vict. c. 27, s. 11 ; selling spirits witfaM
license contrary to Licensing Act, 1872, section 3 ; and a eoi
tion for felony, forfeiting a license, as to which, see 3 & 4 ^
c. 61, s. 7 ; 23 Vict. c. 27, s. 22 ; and 33 & 34 Vict c. 89^4
The words "where any person is convicted," imply that ib»i
viction must take place after this Act. This section in fli
brings these cases expressly within the words "incapabk
keeping an inn," used in 9 Geo. 4, c. 61, s. 14, also. JW
court has decided that in the case of a conviction for felonyi
landlord and new tenant have not all the remedies of newtci
under 9 Geo. 4, c. 61, s. 14, but are restricted to the two reaM
above stated, namely, an application to petty sedsions under ft
Vict. c. 44, and then a further application to the next tM
sessions : Stevens v. Sharnhrook J J., 63 J. P. 423.
The court has decided that the justices have the same M
a greater discretion as to granting or refusing the transfer lio
to the landlord or new tenant, when the licensed person has \
convicted of felony : R, v. Moore or Hertfordshire JJ^ 7 (J. B
542 ; 45 J. P. 768 ; 50 L. J. M. C. 121. And he is eqi
entitled to appeal to quarter sessions : E, v. Wed Bidiiii§i
Q. £. D. 417 ; 52 L. j; M. C. 99 ; 48 J. P. 149. As to I
37 & 38 viOT. c. 49, s. 16. 17]
where the jostices on renewal or a new grant have a dis- Sect. 15.
3n limited to the four ^unds, the same limit will apply to jj]^^
Lcations for transfer : Simmondsv, Blackheaih JJ., 17 Q. JB. D.
; BO J. P. 742 ; 55 L. J. M. C. 166 ; 35 W. R. 167.
Regulations as to Entry on Premises.
16. Gonstahle to enter cm premises for enforce-
nt of Act.^ Any constable may for the purpose of
eventing or detecting the violation of any of the pro-
ions of the principal Act or this Act which it is his
b^ to enforce, at all times enter on any Ucensed pre-
9es, or any premises in respect of which an occasional
ense is in force.
Every person who, by himself, or by any person in his
tploy or acting by his direction or with his consent
Tises or fails to admit any constable in the execution
his duty demanding to enter in pursuance of this
stion, shall be Hable to a penalty not exceeding for
) first oflfence five pounds, and not exceeding for the
)ond and every subsequent offence ten pounds.
rhoogh under this section the constable seems not bound to
e special reasons to the licensed person before entering a hcensed
ne^ yet in case of dispute as to the right of entry he will not
rostified, without being able to show some reasonable ground
ttie court for thinking that the statute was about to be or had
a violated. And on proving the offence in the second para-
ph, the constable must allege and prove some reasonable
una for entering. If, however, the constable says he wants to
if there was anything wrong in the house as he was goin^ a
jod of visiting all the licensed houses, this will be deemed a
ftdent reason for demanding entry : R. v. Dobbins, 48 J. P. 182.
ore is no limit as to the hour of demanding entry, but justices
1 always consider whether the time was reasonable.
ni6 word "premises" includes outhouses : R. v. Tott, 30 L. J.
C. 177 ; 4 L. T. 306 ; 25 J. P. 327 ; 9 W. R. 663.
Phe light of a constable to enter is confined to licensed pre-
168, that is to say, premises licensed by the justices ; for if a
dt dealer under a dealer's retail license sells spirits not to be
172 LICENSING ACT, 1874, s. 17.
Sect. 16. consumed on the premises under 24 & 25 Vict c. 21, s. 8, l
^j^~~ is exempt from a justices* license under section 73, then 1^
• stable has no right to enter : Harrison v. Mac UMed^ 48 J. F
60 L. T. 210.
The Prevention of Crime Act, 1871, 34 & 35 Vict a 112,
-which imposed higher penalties upon all who assault or vi
obstruct any constable, now extends to all cases of resiati
wilfully obstructing any constable in the execution of Mb
provided the penalty on a first conviction shall not be g
than bl,y and the imprisonment in default not more thai
months : 48 & 49 Vict c. 75, s. 2.
17. Search warrant for detection of Zij
sold or Jcejpt contrary to law.^ Any justice o
peace if satisfied by information on oath that th
reasonable ground to believe that any intoxic
liquor is sold by retail or exposed or kept for sa
retail at any place wdthin his jurisdiction, whei
building or not, in v\rhich such Uquor is not anib
to be sold by retail, may in his discretion grant a ws
under his hand, by virtue whereof it shall be lawf
any constable named in such warrant, at any tii
times within one month from the date thereof, to <
and, if need be by force, the place named in the ^ra
and every part thereof, and examine the same and fi
for intoxicating Uquor therein, and seize and n
any intoxicating liquor found therein which th<
reasonable ground to suppose is in such place f(
purpose of unlawful sale at that or any other plao
the vessels containing such Uquor ; and in the ev
the owner or occupier of such premises being con
of selUng by retail or exposing or keeping for as
retail any Uquor which he is not authorised to si
retail, the intoxicating Uquor so seized and the i
containing such Uquor shall be forfeited.
When a constable has entered any premises in
37 & 38 viOT. 0. 49, s. 17. 173
ace of any snch warrant as is mentioned in this Sect 17.
ion, and has seized and removed snch liqnor as
resaid, any person found at the time on the premises
n, until the contrary is proved, be deemed to have
m on snch premises for the purpose of illegally deal-
[ in intoxicating liquor, and be Uable to a penalty not
seeding forty shillings.
^y constable may demand the name and address of
Y person found on any premises on which he seizes
from which he removes any such hquor as aforesaid,
d if he has reasonable ground to suppose that the
me or address given is false, may examine such person
rtiher as to the correctness of such name and address,
j1 may, if such person fail upon such demand to give
s name or address, or to answer satisfactorily the
lestions put to him by the constable, apprehend him
tiihout warrant, and carry him as soon as practicable
fore a justice of the peace.
Any person required by a constable under this section
» give his name and address who fails to give the same,
r gives a false name or address, or gives false informa-
on with respect to such name and address, shall be
lUe to a penalty not exceeding five pounds.
Under this section the liquor and vessels can only be forfeited
; liie event of the owner or occupier being convicted, and the
niiction would be under Act, 1872, s. 3 ; but the for-
iftore follows as a direct consequence of the conviction. The
rMted articles may be sold under section 51 of the Licensing
cL 1872. But before sale the owner should have an opportunity
: teng heard : QUI v. BrigU, 41 L. J. M. C. 28 ; 36 J. P. 168 ;
Hi.T\591; 20 W. R. 248.
The officers of Inland Revenue can enter licensed houses under
idL sections as 7 & 8 Geo. 4, c. 53, s. 22 ; 3 & 4 Vict c. 61,
. 11, 12 ; and 23 Vict c. 27, s. 24.
The two last paragraphs are similar to those in section 25 of
le Licensing Act, 1872. There is a like penalty imposed by that
letioii on persons found on licensed premises during closing
onzB in contravention of the Act, 1872. See Act, 1872, s. 25,
id notes, amJU^ p. 47.
174 LICENSING ACT, 1874, s. 19.
Occasional Licenses.
Sect 18. 18. Occasional license requi/red at fairs
races.] Any person selling or exposing for sale
intoxicating liquor in any booth, tent, or place
the limits of holding any lawful and accustomed fair '
any races without an occasional license authorising
sale shall, notwithstanding anything contained in
Act of parliament to the contrary, be deemed to
person selling or exposing for sale by retail intoxi<
liquor at a place where he is not authorised by
license to sell the same, and be punished accordingly.
Provided that this section shall not apply to
person selling or exposing for sale intoxicating liqi
in premises in which he is duly authorised to sell
same throughout the year although such premises
situate within the limits aforesaid.
This section abolishes an exemption long enjoyed mite
series of statutes by keepers of some licensed houses of freaoeiilik
fairs and races to sell liquors in booths (see Hayward v. jJoflfli
28 L. T. 702 ; 21 W. K. 920 ; 37 J. P. 376), and rendcBll
necessary for them henceforth in all cases to obtain a jmitifli
occasional license, otherwise the penalty of selling without a lioeM
is incurred under Act, 1872, s. 3.
See 24 & 26 Vict. c. 91, s. 13 ; 25 & 26 Vict, c 28, a. U
26 & 27 Vict. c. 33, ss. 19, 24 ; 27 & 28 Vict. c. 18, s. 5, and Mi
section of this Act.
As to the exception formerly preserved in favour of be eih o l
at IJairs, see 1 Will. 4, c. 64, s. 29, post,
19. Occasimial licenses — Extension of time fs
closing.] Whereas by 25 & 26 Vict. c. 33, s. 20, H i
provided that the hours during which an occasiciil
license shall authorise the sale of any beer, spirits, I
wine shall extend from sunrise until one honr aAl
sunset : Be it enacted, that the said section ahaU 1
construed as if in place of the words ^^ sunrise until oi
37 & 38 VICT. c. 49, s. 21. 17&
er sunset " there were inserted the words " such Soct^lQ*
b earlier than sunrise until such hour not later
1 o'clock at night as may be specified in that
In the consent given by the justice for the
5 of such occasional Ucense."
6 27 Vict c. 33, 8. 20, post ; 27 & 28 Vict c. 18, 8. 5,
, Offences on premises with occasional
.] For the purpose of so much of the principal
relates to offences against pubUc order, that is to
tions twelve to eighteen, both inclusive, and the
J for giving effect to the same, a person taking
occasional license shall be deemed to be a Ucensed
within the meaning of the said sections, and the
I which any intoxicating liquors are sold in pur-
of the occasional Ucense shall be deemed to be
i premises, and to • be the premises of the person
out such license,
ctions 12 to 18 of Licensing Act, 1872, and notes.
Miscellaneous.
, Supply of deficiency in quota of bmvugh
S on joint committee.^ Where from any reason
re not for the time being three qualified borough
\ to form the quota of a joint conmiittee for such
h, in pursuance of section thirty-eight of the
^ Act, the deficiency in the number of such
h justices shall be suppUed by qualified county
J to be appointed by the county Ucensing
Kstion 38 of the Licensing Act, 1872, where the necessary
lent is made, and notes.
176 LICENSING ACT, 1874, s. 22.
Sect^22. 22. Provisional grant and conjwrrudm
licenses to new premises J\ Any person intereflia
any premises about to be constructed or in conn
construction for the purpose of being used aa a h
for the sale of intoxicating liquors to be consume
the premises may apply to the licensing justices an
the confirming authority for the provisional grant
confirmation of a Hcense in respect of such premi
and the justices and confirming authority, if sati
with the plans submitted to them of such house, and
if such premises had been actually constmctn
accordance with such plans they would, on applici
have granted and confirmed such a license in i«
thereof, may make such provisional grant and ordi
confirmation accordingly.
A provisional grant and order of confirmation
not be of any validity until it has been declared t
final by an order of the licensing justices made :
such notice has been given as may be required b]
justices at a general annual licensing meeting '
special sessions held for licensing purposes. I
declaration shall be made if the justices are sati
that the house has been completed in accordance
such plans as aforesaid, and are also satisfied thi
objection can be made to the character of the hold
such provisional license.
A provisional grant and confirmation of a li<
shall be subject to the same conditions as to the gi
of notices and generally as to procedure to which
grant and confirmation would be subject if they re
tively were not provisional, with this exception,
where a notice is required to be put up on a door
37 & 38 viOT. c. 49, s. 22. 177
ise such notice may be put np in a conspicnons Sect 22.
ition on any part of the premises.
Ehb section shaU, with the necessary yariations,
send to the provisional removal to any premises of
existing license nnder section fiftv of the principal
Hiis was a new provision, though under the previous law it was
npetent to justices under 9 Geo. 4, c. 61, to grant a license to
nofiis about to keep an inn though the inn was not finished,
ii section expressly recognises the practice, and allows it
jjl cases of houses to be licensed for consumption on the
b is imperative on the justices to grant the final license after
I povisional grant is made if satisned that the plan has been
tned out, and as to the character of the applicant. But the
ICiees cannot be said to be merely acting ministerially when
dsd on to confirm the provisional order. In one case the j us-
es assented to the grant subject to an alteration suggested as
tiie site, which alteration was assented to at the time ; but
Mices never met again nor assented to any other site, and it
p held that the applicant was entitled to act upon the original
in shown to the justices : B. v. Cox, 48 J. P. 440. Tlie
Oifling justices, at the time of the provisional grant being
eed for and allowed, should specify what notice an applicant
g[ive before coming before them for the final order, for the
linauig justices may obviously make this final order at any
iSod of the year between the general annual meetings. But
m is nothing in this or the other Acts to make it compulsory
r^die justices to renew the license thereafter, any more than in
liiuiiy cases. The licensing justices are to make the final
lei^ and the confirming authority need not again confirm the
id license.
Tlie application for a provisional grant must 1)e made at the
necal annual licensing meeting, though the final license may
I made at any time, and what notice is to be given may be fixed
a special trsmsfer sessions. There seems to be no limit of time
Uoxi which the applicant must apply for the confirmation ; but
PBMonable time may be said to oe implied, for if delayed the
tarests of third parties, who would otherwise apply, may be
feerfezed with.
This application may be combined with the application for
moval as authorised by Act, 1872, section 50, arUe^ p. 91.
N
178 LICENSING ACT, 1874, s. 26.
Sect 23. 23. One license of justices may extend to sen
excise licenses.]^ Separate licenses of justices ski
be required in the case of separate excise licenses
a license of justices shall comprehend a permissu
the licensee to take out as many excise licenses as
be specified in such license of the justices.
The effect of this section will be to make only one fee pi
instead of a fee applicable to each separate license.
24. Confirmation of license to sell ligm
to be consumed on the premises not regui
A license to sell any intoxicating liquor for consiun
only off the premises shall not require confirmatic
any authority.
The Act, 1872, laid down the rule that no new license, w.
an off-license or an on-license, should be valid until it wi
firmed by the confirming authority. There is now an eK
to the necessity of a confirmation as regards off-license
Licensing Act, 1872, sections 37, 38 ; and the same applii
to off-licenses removed under section 60, ante, p. 91.
25. Joint committee to make rules uvdei
tion 43 of principal Act.^ Where the confii
authority is a joint committee, that committee
make rules in pursuance of section forty-three <
principal Act as to the proceedings to be adopic
the confirmation of new licenses, and as to the c(
such proceedings, and the persons by whom such
are to be paid.
See Licensing Act, 1872, section 43, where theneeesBaiyi
ment here directed is made, and notes, ante, p. 80.
26. Notices of adjourned brewster session
of intention to (yppose.^ Whereas by section fori
of the principal Act it is enacted that a licensed ]
37 & 38 VICT. c. 49, s. 27. 179
plying for the renewal of his license need not attend Sect. 26.
person at the general annual hoensing meeting unless
is required hy the licensing justices so to attend : Be
enacted, that such requisition shall not be made, save
r some special cause personal to the licensed person to
lom such requisition is sent.
It shall not be necessary to serve copies of notices of
ly adjournment of a general annual licensing meeting
a holders of licenses or applicants for licenses who are
ot required to attend at such adjourned annual general
sensing meeting.
A notice of an intention to oppose the renewal of a
Dense served under section forty-two of the principal
ct shall not be valid unless it states in general terms
le grounds on which the renewal of such license is to
I opposed.
Bee Idcensing Act, 1872, section 42, and notes, ante, p. 75.
This section takes from the justices the power of compelling
le attendance of parties seeking a renewal of their licenses or
artificates, unless for some cause personal to the applicants. Nor
eed applicants be served, as a matter of course, with notice to
ttend. The word " personal" is flexible, and is capable of a very-
ride signification, as to which see Sharp v. Wakefield, 22 Q. B. D.
»; 53 J. P. 20 ; 58 L. J. M. C. 57 ; 60 L. T. 130 ; 37 W. R. 187.
(knot to be assumed, however, that the a])plicant is not to make
e cation at each renewal, which he must always do, either by
^f or by some authorised messenger. See R. v. Newcastle JJ.y
IJ.F. 244.
When the justices themselves start the objection and give an
ppartnnity to the party to answer it, they are bound to receive
Ee evidence on oath : B. v. Eales, 44 J. P. 553 ; 42 L. T. 735.
tt also if. V. Howard, Justices of Congleton, 53 J. P. 454.
27. No appeal to quarter sef^sions in certain
0868.] No appeal shall be had to quarter sessions from
ITf act of any justice with respect to the grant of new
ttiificates under the Wine and Beerhouse Acts, 1869
n2
180 LICENSING ACT, 1874, s. 29.
Sect. 27. and 1870. (Some words at the beginning
~ by 46 & 47 Vict. c. 39, Sched.)
This section was necessary in consequence of the coiQrt]
in R, V. Smith, R. v. SouthpoH JJ., L. R. 8 Q. B. 146 ; 37 J. P.I
42 L. J. M. C. 46; 28 L. T. 129; 21 W. R 382, that the
ments incorporated in 32 & 33 Yict c 27, s. 8, thongh the
repealed, kept alive the power of appeal to quarter sessioiisi
the refusal of new certificates.
This does not affect the right of appeal to quarter sessioiui
still applies to all refusals of transfers, or of renewals of
cates or licenses under the Wine and Beerhouse Acts.
9 Geo. 4, c. 61, ss. 27, 28, 29 ; Act, 1872, Sched. ; 32 & 38 W]
c. 27, s. 8.
2 8 . Substitution of licensing justices for 0(J^
missioners of Inland Revenue as respects
notices.^ Whereas by section eleven of the pri
Act it is provided that every Ucensed person shall
to be painted or fixed, and shall keep painted or
on the premises in respect of which his license is
in a conspicuous place, and in such form and maniMr
the Commissioners of Inland Revenue may from
to time direct, his name, with such additions as in
said Act mentioned: and whereas it is expedient
substitute in the said section the licensing justices ftf
the Commissioners of Inland Revenue : Be it therrfBR
enacted, —
That in the said eleventh section the exp]
"licensing justices" shall be deemed to be
stituted for the expression " Commissioners of
land Revenue," and the word "justices** for tti
word " commissioners."
The Licensing Act, 1872, section 11, ante, p. 19, has been
in the way here pointed out See notes to that section.
29. Definition of term ^^owner.**^ Any
possessing an estate or interest in premiseB
37 & 38 VICT. c. 49, s. 30. 181
the sale of intoxicating liquors, whether as owner, Sect. 29.>
36, or mortgagee, prior or paramount to that of "" -^
immediate occupier, shall, on pajrment of a fee of
shilling to the clerk of the licensing justices, be
[tied to be registered as owner or one of the owners
mch premises: Provided that when such estate or
nrest is vested in two or more persons jointly, one
f of such persons shall be registered as representing
b estate or interest.
ee the Licensing Act, 1872, section 36, and notes ; also sec-
« 66, 70, 74.
L mortgagee has been held to be sufficiently aggrieved by the
ual of the renewal of the tenant's license to be able to appeal
quarter sessions if the mortgage deed made the mortgagee
ffney for the license holder m that respect : Garrett v. Mid-
Kz //., or R. V. GarreU, 12 Q. B. D. 620 ; 53 L. J. M. C. 81 ;
J. P. 367 ; 32 W. R 357. But in general the landlord, as such,
stranger to the license (except in those cases where notice of
nviction is to be sent to him), and cannot insist on appealing
lis own right to quarter sessions against a conviction of the
D8e holder : R. v. Andover JJ., 16 Q. B. D. 711 ; 60 J. P. 649 ;
L J. M. C. 143 ; 66 L. T. 23 ; 34 W. R 466. Where, however,
renewal or transfer of a license is refused to his tenant, the
Uord may join with the applicant in an appeal to quarter
ions, as he is an aggrieved party under 9 Geo. 4, c. 61, s. 27.
JO. Persons not to be liable f(yr siq^plying
tor to private friends without charge.~\ No
ion keeping a house licensed under this or the
icipal Act shall be liable to any penalty for supply-
intoxicating liquors, after the hours of closing, to
mte friends bond fide entertained by him at his own
3nse.
biB section recognises as law what was already in effect
lied by the courts to be the law under the previous Acts.
words " private friends " seem to include all who are not in
selative situation of customers. The justices have nothing to
rith the occasion of the entertainment, except as throwing
; on tlie &ct whether the friends were pretenoed friends only
Has invited mends, and entertains tHem at nis own expc
license holder is not liable under section 9, anUf p. 15*7,
because liquor is supplied to and consumed by the friei
closing hours : Pine v. Barnes, 20 Q. B. D. 221 ; 52 J. P.
L. J. M. C. 28 ; 58 L. T. 520 ; 36 W. K 473. The enter!
must be in the licensed premises. Though the privati
may be lawfully on the premises during closing noun,
license holder will commit an offence if he allow them
on gaming, though it seems the friends themselyes cannol
victed of aiding him in the offence : Hare v. Osbomey 34 L
40 J. P. 759 ; Cooper v. Osborne, 35 L. T. 347 ; 40 J. P. 76
for a like reason he will be liable if he allow his fnend
at billiards : Ovenden v. Raymond, 40 J. P. 727 ; 34 L. T.
31. Additional retail license may be j
at special sessions for licensing J] (Bepealec
Vict. c. 6, s. 2, posty which see.)
Definitions and Repeal.
32. Definitions J\ In this Act, if not inco
with the context, the following expressions hj
meanings hereinafter respectively assigned to
that is to say, —
37 & 38 VICT. c. 49, s. 32. 183
ms of this Act with respect to the closing of pre- Sect. 82,
3By be deemed to be part of such town after it has
I declared so to be by an order of the county
using committee having jurisdiction in the place
sre such houses are situated : Provided that no urban
itaiy district, whether including such adjacent houses
not, shall be deemed a town, unless it contains one
Dsand inhabitants.
^* Populous place.^^l " Populous place " means any
% with a population of not less than one thousand,
iehj by reason of the density of such population, the
mty licensing conmiittee may by order determine to
ft populous place.
^t a meeting especially convened for that purpose in
oner provided by any regulations in that behalf, or
ie&ult of such regulations, by the clerk of the peace,
icon as may be after the passing of this Act, and not
>r than the first day of September, one thousand eight
idred and seventy-four, the county licensing com-
tee shall consider all the cases within their jurisdic-
i with respect to which it is incumbent upon them to
ke orders in pursuance of this section, and they shall
ke orders accordingly, and shall specify therein the
indaries of such towns or populous places.
rhe county licensing committee may adjourn any
etang held in pursuance of this section, and may also,
any subsequent meeting especially convened for that
rpoee, make with respect to any town or populous
loe within their jurisdiction any like order not restric-
'6 of any order previously made.
Provided that as soon as may be after the publication
each census the county licensing committee shall, at
184 LICENSING ACT, 1874, s. 32.
Sect. 32. a meeting to be especially convened for the pnipa
revise the orders then in force within their jnrisdictk
constituting areas either parts of towns or popido
places, and may alter or cancel any of the said onfal
or may make such further orders, if any, as they flb
deem necessary to give effect to the provisions of fli
Act.
** Occasional license.^^'] " Occasional license" men
a license to sell beer, spirits, or wine, granted in pa
suance of 25 & 26 Vict. c. 22, s. 13, and 27 Vict, c 11
s. 5, and the Acts amending the same in relation to fl
liccmses therein mentioned, or of any such Acts.
"il new licensed] "A new license" means
lic'cmse for the sale of any intoxicating liquor, grantc
at a general annual licensing meeting in respect \
premises in respect of wliich a similar license has n
tlu^n^tofore becni granted.
Town^l This detinitioii of" tmon'' refers to the Public HmI
Health Act, 1872 (35 & 36 Vict. c. 79, 8. 4). That Act is M
repealed and sTi])ei*seded by the Public Health Act, 1876 fSSAJ
Vict. c. 55), and though the Act, 1872, is incor^rated in uibA
still the definition of luban sauitaiy district is repeated ftltt
verbatim in the Public Health Act, 1875, and thus no differa
i» caused by the subsequent repeal. Both Acts define an ufe
sanitary district as (1) any borough constituted such either M
or after the passing of that Act ; (2^ an Improvement Act diatii
constituted such before that Act (t.e., before 10th August, Ififf
and having no part of its area situate within a borou^ or I0
government district ; (3) any local government district, constitiil
such either before or after that Act, having no part of its 11
situated within a borough and not coincident in area witfc
borough or Improvement Act district The definition of ''town
in Ac^ 1872, s. 74, was repealed by this Act, section 33, jpCMt
Populous jplace.l As to the definition of **pcjmhu§ vte
which is used in this Act, section 3, ante, p. 148, for r^imiti
the closing time of licensed houses, the county licensing ea
mittee might meet l)efore 1st September, 1874, and ded
37 & 38 VICT. c. 49, 8. 32. 185
iher anj ^art of their district conld be called a populous place. Sect. 32.
only limit to their discretion in this matter was, that they t^TIL
lid not declare any place to be populous which had less than a ^otk.
Illation of 1,000. And the last published census was the test of
dilation according to Act, 1872, section 65, ante, p. 117. The
% was, however, left undefined as to extent, and it wbh for the
ficee to define it The '* regulations in that behalf " for the
eiing of the county licensing committee are those made in
SBiiance of the Licensing Act, 1872, section 37. Where an
dV as to a populous place has been once made, there is no
irep given to restiict it, i.e., to reduce the area of tie operation
the order till the next census. But there seems nothing to
Kveat the county licensing committee acting from time to time
Br Ist September, 1874, and declaring new places, or increasing
tees, as populous places within the meaning of this section.
Occasional license.'] As to occasional licenses, authorising the
e of liquor at other places than licensed premises, see 25 & 26
Bt c. 22, s. 13, post ; 26 & 27 Vict. c. 33, ss. 19—21, post ; 27 & 28
ok c 18, 8. 5, post; and the 18th, 19th, and 20th sections of this
t of 1874.
New license.] The new definition of "neio license" contains
J word " similar," which can scarcely be construed as meaning
lentically the same." The word see'ms properly to imply that
) license must be for the same kind oi liquor, and the same
lefal character as regards its being in-door or out-door, and as
my particular qualification attached to it. Different kinds of
nor nave been dealt with by separate statutes, and yet all
Hises have some points identical. Yet an alehouse license
iw 9 Geo. 4, c. 61, is not similar to a beerhouse license under
WIL 4^ for the former includes wines and spirits : Marwick v.
W«» L.R. 9 Q. B. 509; 38 J. P. 518; 43 L. J. M. C. 169; 30
T. 719; 22 W. R 823. It may now be taken that a six-day
nse is not similar to an ordinary seven-day license, though the
DOES sold may be identical : R. v. Crewkeme JJ., 21 Q. B'. D. 85;
J. P. 372 ; 57 L. J. M. C. 127 ; 60 L. T. 84 ; 36 W. R. 629.
e word "theretofore" does not necessarily mean that the pre-
08 license must be subsisting continuously, at least if this was
ixig to no default of the occupier of the premises : R. v. Market
fwortk, 51 J. P. 438; 57 L. T. 56; 35 W. R. 734; 56 L. J. M. C.
But if the license has been forfeited for some offence, the
ct application must usually be for a new license : R. v. West
UngJJ^ 52 J. P. 455; 21 Q. B. D. 258; 57 L. J. M. C. 103;
W. R. 258; unless in those cases specified in this Act, sec-
n 16, ante, p. 170 : Stevens v. Sharnorook JJ., 53 J. P. 423.
186
LICENSING ACT, 1874, S. 33.
Sect. 33. 33. Repeal.'] [There are hereby repealed the
tions of the principal Act relating to the follow
matters ; that is to say, —
(1) Sections nineteen to twenty-two, both inch
relating to adulteration, and the first sch(
to the principal Act ;
(2) Section twenty-four, relating to hours of cl(
and
(3) Section thirty-five, relating to entry on pi
by constable ; and
(4) So much of sections five, six, thirteen, foi
sixteen, seventeen, and twenty-eight, as
lates to the records of convictions on li<
and of section seventy-four, as contains
definition of a town for the purposes <tf
provisions with respect to closing and rf
new license.
(5) The last paragraph of section fifty-six, begii
with words, " In a county the justices,** to
end of the section :]
This section was repealed by 46 & 47 Vict. c. 39,
here retained for convenience of showing the mode of
with some sections in the Act, 1872.
SCHEDULE.
Metropolitan District.
TJie metropolitan district,] The city of London
liberties thereof, or any parish or place for the time being i
to the jurisdiction of the Metropolitan Board of Works, or
the area contained within a circle the radius of whidi is te ]
miles from Charing Cross.
[The jurisdiction of the Metropolitan Board of Worin •j
defined by 18 & 19 Vict c 120, s. 249; 25 & 26 Vict c. U0^i.l4'
APPEI^DIX Appwlx.
|ar RELATIVE STATUTES IN CHRONOLOGICAL
ORDER.
t
9 Geo. 4, Cap. 61.
ACT to regulate the granting of Licenses to Keepers of ImUy AU-
hmuesy and Victualling Houses in England.{a)
[15th July, 1828.]
^al licensing meetings to be held annnally — Time of
ing such meetings,^ Whereas it is expedient to reduce into
Act the law relative to the licensing by justices of the peace of
ms keeping or being about to keep inns, alehouses, and victual-
houses, to sell excisable liquors, by retail, to be drunk or
led on the premises, in that part of the United Kingdom
England : Be it therefore enacted by the King's most
nt Majesty, by and with the advice and consent of the
spiritual and temporal, and Commons, in this present par-
it assembled, and by the authority of the same, that in
^ division of every county and riding, and of every division
fine county of Lincoln, and in every hundred of every county,
It being within any such division, and in every liberty, division
\ e^rery liberty, county of a city, county of a town, city, and
mxL corporate in that part of the United Kingdom called
Kland, there shall be annuallv holden a special session of the
paces of the peace (to be called the general annual licensing
Mting), for the purpose of granting licenses to persons keeping
(dt) This Act was described in the Licensing Act, 1872, as " The
Axzicatlng Liqaor Licensing Act, 1828," and in all formal notices
new statutory description should be followed unless the year and
Mdption of the Act are specified.
188 LICENSING ACT, 1828, 8. 1.
A|ipOQdx. or being about to keep inns, alehonfies, and yictoalling lioaH
sell excisable liquors by retail, to be drunk or consumed oi
premises therein specified ; and that such meetings ahal
nolden in the counties of Middlesex and Surrey within tin
ten days of the month of March, and in every other coonf
some day between the twentieth day of August and thefoub
day of September inclusive ; and that it E^all be lawful ft
justices acting in and for such county or place assembled il
meeting, or at any adjournment thereof^ and not as heidi
disqualified from acting, to grant licenses for the puipoaeti
said, to such persons as they the said justices shall, in the c
tion of the powers herein contained, and in the exercise of
discretion, deem fit and proper.(a)
(tf) General effect of thin Act.'j This is now the enactment g
ing all the honses requiring a justices' hcense or certificate. It •
primarily only to inns, alehouses, and victualling honses, fan
extended to all the other houses by 32 & 33 Vict. c. 27, rs. 6, 1
83 & 34 Vict. c. 29, s. 4, and Licensing Act, 1872, 88. 68, 1
repealed all the former statutes on the subject, and which tie fl
rated in section 35, post. The general result, therefore, is tbit
all retail licenBes to sell intoxicating liquor are now subject to till
rules as to the justices who grant licenses, the times at win
meetings of justices are held, the duration of licenses, the ftM p
the rights of appeal so far as these exist, the mode of tnuMfoni
renewing the licenses. The Act, however, being modified I
Licensing Acts, 1872-4, the result is, that there is now no
against the refusal of a new license, but only against lefii
transfer or renew existing licenses, and the discretion of jnsticei
various stages is not uniform, the discretion being now abeofaiti
the great majority of licenses, and limited to four grounds as n(
few of the licenses. Moreover, nearly all the offences reU
licensed houses are now provided for in the two LicenBing Aeti, 1
exclusively.
Justices' license, how far necessary."] The general rule now i
a justices' license is necessary before an excise license can be ot
But there is an exception where a wine dealer obtains an adf
retail license from the excise to sell wine not to be consnmed
premises. And a grocer may be a wine dealer to that extent : .
V. Thatcher, 3 Q. B. D. 46 ; 42 J. P. 213 ; 47 L. J. K. C
L. T. 347. And a spirit dealer ma^ also in some cases not if
justices' license to sell spirits by retail. See Act, 1872, s. 78, aai
ante, p. 127. And wherever the house is situated it mnit be 1
by some authority. Thus, a license is necessary to sell in a
island some miles from the county : Wright v. MarrU^ 49 J.
But it is not an indictable offence to keep an inn withovt a
house license ; Amm., 3 Salk. 25 ; R. v. Edwa/rds^ 3 Balk. 37.
boarding-house keeper who merely sends out for liquors as agitt
9 GEO. 4, 0. 61, s. I. 189
Discretion of Justices, Appndx.
fc does not require a licenfie : Parker v. Finite 12 Mod. 254 ;
Bftym. 479 ; Taylor v. Oram, 1 H. & C. 370 ; 31 L. J. M. C. 262 ;
. P. 8 ; 7 L. T. 68 ; 10 W. R. 800.
die of juttiees exercising discretion.'] At the general annnal
KDg meeting and its adjoamment, the justices sit in pablic and
judicially, and are bound to hear the applications of all persons
ill their ^vision who desire to have licences, and who have com-
l with the statutes as to notices, and who can prove the reqnisite
ificwtions. At the same time any one of the public is entitled to
te the grant of a new license ; and every applicant is bonnd to
I the name of the owner of the hoase to l)e licensed : Licensing
1872, section 36, ante, p. 62. The justices at the general annnal
iring meeting have, as a general rule, an absolute discretion to
IB a grant of a new license for an inn under this Act, or for in-door
and wine houses, first licensed after 1872, without stating reasons.
I diflcretion of the justices must, however, lie a judicial discretion
not a mere capricious act, regardless of the special circumstances of
I rapHcation : i2. v. Btrteler, 4 B. & S. 959 ; 33 L. J. :M. C. 101 ;
r, r. 463. As to some out-door certificates and in-door certificates,
fvtices have only a limited discretion : 32 &; 33 Vict. c. 27, ss. 8, 19.
they act judicially, and an appeal to quarter sessions lies, except
inrt their refusing a new grant, for the appeal against refusing new
nee was entirely taken away by the Act, 1872. though retained
B the refusal is a transfer or a renewal of the license. See Licensing
, 1872, Schedule. No action lies against the ja<^ices for refusal :
mt V. Ooodchild, 3 Wils. 121. They may rightly refuse a license
er this Act, on the ground that there are alr&idy too many ale-
hb: JB. v. Lancashire J J., Re Tyson, 35 J. P. 170 ; 40 L. J. M. C.
L B. 6 Q. B. 97 ; 23 L. T. 461 ; 19 W. R. 204 ; or that the house
M lar removed from police supervision : Sliarp v. Wakejiehl, 22
B. D. 239 ; 58 L. J. M. C. 57 ; 53 J. P. 20 ; 60 L. T. 130; 37
R. 187. They do wrong, however, to lay down a rule lief ore hear-
the applications, such as that they will refuse all licenses, except
party will promise to take out an excise license to sell spirits : R, v.
setter, 31 L. J. M. C. 93 ; 26 J. P. 151 ; 2 B. & 8. 322 ; 5 L. T.
• 8 Jnr. (N.S.) 484. Nor can they lay down any general rule before-
1 to fetter their discretion, for they ought to consider the circimi-
lees of each case independently : i2. v. Walsall, 24 L. T. Ill ; 18
*. 757 ; 3 C. L. R. 100. Nor can justices annex a condition to the
Bfle, such as that, for example, the applicant must pay a debt to
e Ihird person : R v. Athay, 2 Burr. 653.
he justices have in most cases a large discretion both as to the kind
MOon and the kind of house to be licensed, and are bound to see
; ths requirements of the statutes have been complied with. The
« of the licensing justices is limited so far that they cannot grant
MOBe except to a person about to keep an inn, &c.: R. v. Wilkinson,
L. T. 370 ; 28 J. P. 597. But they may treat a confectioner^s
NOTBL
190
LICENSING ACT, 1828, S. 1.
Appndx.
Note.
Discretion of Justices.
house where luncheons are provided as a yictnalling-hoiu
within the express words of this section : jB. v. Surr$\
J. P. 423.
Where the house is occupied by a tenant the landlord j«4 1
not qualified to receiye the license in his own name : B, i
45 J. P. 372. But in most cases the license holder need not
the premises, and he may manage the house by means of serm
may be difficult in some cases to distinguish whether a mai
servant or a tenant : Mayhew v. Suttle, 4 E. & B. 347 ; 19
24 L. J. Q. B. 54.
Where a firm or company are the owners or occupiers of u
license is frequently applied for and held by a manager or Mil
resides on the premises. And it may happenthat one ff^^
license, and the company, his employers, bemg4hi|M|MW
liable to guests for the loss of luggage : Disc on v. .mr»^j
135 ; 42 L. J. Ex. 135 ; 28 L. T. 360 ; Daun v. SimrAn
783 ; 28 W. R. 129 ; 44 J. P. 264.
If the justices are equally divided they should adjou-
to another day, when some additional justices may be pf
do not adjourn the case the application will be deemed^
M. V. Cox J 48 J. P. 440 ; M. v. CarTiarvonj 4 B. & *j
Monmouthshire JJ., 4 B. & C. 844 ; 8 B. & C. 137 ; J^i
Q. B. 380 ; 17 L. J. M. C. 70. f
Extent of licensed premises.'\ When a license is gralll
without defining the metes and bounds, the house incluc^^
and a piece of land in front : Marson v. London and
way Company^ L. R. 6 Eq. 101 ; Richards v. Swa'iisea\
As to treating alterations and enlargements of pn
these require new licenses, see Act, 1872, section
aide^ p. 136.
Mandamus to licensing justices,"] As justices
authority to grant licenses from this statute of 9 Geo. 4|
by later statutes, they are bound to hear and determine!
on the merits, and if they fail to do so, and therebyj
has not been duly heard, the only remedy usually i^
Court to grant a mandamus directing the justices to 1
tion over again. The fact that the justices made a
sometimes is a ground for a mandamus, but usually is
fortune which cannot be remedied. The justices, like
not personally liable for making a mistake in exercisii
tion : -R. v. Barton, 14 J. P. 738. A mandamus will I
the justices to hear an application for a new license,
entertain it ; but when once the justices hear and ad i
often no remedy, if they refuse to grant a new lice]
though in some cases there may be a remedy by ma\
the neglect of some preliminary condition. Should
9 GEO. 4, 0. 61, s. 1. 191
Mandarn/us, Appndx,
Note.
justices seek to evade it, the proHecator may trayerse
they make in answer to the writ of mandamus : R, v.
:, R, V. PireUll, 14 Q. B. D. 13 ; 64 L. J. M. C. 17 ;
M ; 49 J. P. 36 ; 33 W. R. 205. Thus, in one case, a
I to the justices and they heard the case over again
lame conclusion, and the applicant, by pleading, raised
I as to whether the justices really heard the case or
. to hear it over again : i?. v. Pirehill Justiceft, 49
tluB course of traversing the return is always open to
R. T. KiTig, or Manchester JJ., 20 Q. B. D. 430 ;
L. J. M. C. 20 ; 58 L. T. 607 ; 36 W. R. 600.
SofitiM is issued to justices it is not framed so as to
grant the license, but merely to hear and determine ;
m hearing the case again have the same jurisdiction to
jeetions to the license, and to hear parties on the
gr had acted regularly on the first occasion : R, v.
99 of Ckmgleton, 53 J. P. 454 ; R, v. Farquhar, L. R.
J. P. 166.
act corruptly, the only remedy is a criminal informa-
1 : i2. V. Holland, 1 T. K. 692 ; R. v. Young, 1 Burr.
Ties, 13 East, 270 ; R. v. Davis, 3 Burr. 1317. Thus,
M because the applicant would not vote for a parti-
br parliament, was a ground of criminal information :
8 Burr. 1317. And it would be the same whether they
laed the license on such ground : R. v. Holland,
[f one set of justices were to grant a license which
te justices had refused, this would be indictable ; iZ. v. "
B. 451.
i licenses granted or refused by justices who are inte-
pespective remedies of certiorari and mandamus, see
U J. P. 298.
umdamus is usually issued to justices who decide or
J have an absolute discretion when they have only a
a : R, V. King, 20 Q. B. D. 43 ; 52 J. P. 164 ; 57 L. J.
T. 607 ; 36 W. R. 600 ; R. v. Scott, 22 Q. B. D. 481;
J L. J. M. C. 78 ; 37 W. R. 301 ; 60 L. T. 231.
fiB refused if there was a better remedy by appeal to
: B. V. Smith, R. v. SouthpoH JJ., L R. 8 Q. B. 146 ;
\ L. T. 129 ; 21 W. R. 382.
bices make their return to the writ, this is treated like
' defence to an action, and the prosecutor may traverse
etnm that they have heard the case, and allege in effect
J pretended to hear it, and all the time intended to
pnemt : R. v. Pirehill JJ., 49 J. P. 453. Or the pro-
ad to the return that it is bad in point of law : R. v.
igleton JJ., 53 J. P. 454.
ivisional Court refuse or grant a rule for a rnandamus^
judgment in favour of the prosecutor on a mandamus,
192 LICENSING ACT, 1828, S. 1.
Appndz. Certiorari, dc.
Note.
there is an appeal to the Court of Appeal aiid the Honfle (A I
R, V. King, 20 Q. B. D. 43 ; 62 J. P. 164, mpra ; R, t. Orm
JJ., 21 Q. B. D. 85 ; 52 J. P. 372 ; 57 L. J. M. C. 127 ; CO Li
36 W. K. 629 ; R. v. Newcastle JJ., 51 J. P. 244.
Certiorari and prohihition,^ In some cases a licenBe |IH|
justices may be granted without jurisdiction, and an applicatmi
made for a writ of certiorari to quash it. But this remedy M
applied for within six months, and is difficult owing to the neeM
the application being made by a person aggrieved : 22. v. iSkfNi
52 J. P. 423 ; i2. v. Surrey JJ,, L. R. 5 Q. B. 466 ; R. t. iViwIfl
L. R. 4 Q. B. 585. If a license is sought to be quashed tJtt
license must be quashed, and not merely one part of it : JB. T. J
JJ,; R, V. Mann, L. R. 8 Q. B. 235 ; 37 J. P. 212 ; 42 L. J. ]!.(
27 L. T. 847 ; 21 W. R. 329.
At the most a certiorari, unless applied for by the party aOB
is a discretionary writ : Forster v. Forster, 4 B. & S. 199 ; »
Q. B. 314.
And eyen the party aggrieved may, by his conduct, prednde K
from the remedy : R. v. South Holland, 8 A. & E. 429.
A certiorari or a prohibition is the remedy where the jnstioM^)
of them, was interested in the subject-matter : R. v. Great T&t
JJ., 8 Q. B. D. 168 ; 46 J. P. 518 ; R, v. Farrant, 20 Q. RI
52 J. P. 116 ; R, V. Kent JJ, 44 J .P. 298.
A license is not always void though the justices granting it \
jurisdiction : Brown v. Nicholson, 5 C. B. (N.S.) 468 ; 22 J. F
28 L. J. M. C. 49 ; R, v. Downs, 3 T. R. 560 ; R. v. Brftm,
81. In R. V. Marshall, 1 N. & M. 277, it was decided thai
license was obtained by fraud, yet it would not be invalid mile
party licensed practised the fraud.
See also notes to Licensing Act, 1872, section 3, ante, p. 5.
A prohibition is a corresponding remedy, where it is piBctiei
prevent justices proceeding in a matter of licensing not yet com
over which they have no jurisdiction ; but owing to the lapidife
which such applications are disposed of, this remedy is genenl
late : Elstone v. Rose, L. R. 4 Q. B. 4 ; Broad v. PerJUjis, 21 Q.
533 ; Re Briton, 32 Ch. D. 503.
City of London.'] The time of holding the general annmd n
in the city of London was saved by section 36 of this Act, and
the second Monday of March.
Licensin^f rneetings in horov^ghs,'] Disputes formerly ezifl
boroughs not having a separate court of quarter sessions befcwei
county and borough justices, where there was no intromittant
in the charter of the borough : Candlish y. Simpson, 1 B. & S
25 J. P. 662 ; Brown v. Nicholson, 5 C. B. (n.S.) 468 : 28 L. J.
49 ; 22 J. P. 803. But these disputes were put an end to bj a i
9 GEO. 4, c. 61, s. 1. 193
Licenses in Boroughs, Appndx.
|A & 25 Vict. c. 75, which Ib now repealed. By the Municipal
ferationg Act, 1882, 45 & 46 Vict. c. 50, s. 246, it is enacted that
P CSeo. 4, c. 61, the expression " town corporate," " connty or place,"
** diyision or place " include every borough having a separate Corn-
wall of the peace, and the expression " high constable " includes any
ble of any such borough to whom the justices of the borough
their precept under that Act. See also notes to Act, 1828,
Licensing Act, 1872, section 38, ante,, p. 67, points out who
licensing justices in boroughs having a separate commission of
and divides the boroughs into those which have ten justices
in and for the borough, and those which have not ten justices.
general rule laid down by the Municipal dtrjtorations Act,
section 154, is, that where a borough has not a separate court of
sessions, the justices of the county in which the borough is
shall exercise the jurisdiction of justices in and for the
jfh as fully as they can or ought in and for the county. And no
[oi a borough having a separate court of quarter sessions shall be
the jurisdiction, exercisable out of quarter sessions, of the jus-
of a county where the borough was exempt therefrom before the
of the Municipal Corporations Act, 1835. And by section 155
ijOT of a borough shall, by virtue of his office, be a justice for
)ngh, and shall, unless disqualified to be mayor, continue to ))e
justice during the year next after he ceases to be mayor, and he
have precedence over all other justices acting in and for the
and be entitled to take the chair at all meetings of justices
m the borough at which he is present by virtue of his office of
Note.
I room in a house licensed for the sale of intoxicating liquors may
* for the business of borough justices : 45 & 46 Vict. c. 50, s. 160.
to 46 & 47 Vict. c. '^l^post.
ties in quarter nesnomi boroughs,'] The Municipal Corpora-
k, 1882, 45 & 46 Vict. c. 50, s. 22, lays down certain rules as to
on of penalties adjudged before borough justices. See that
quoted, ante, p. 118.
%ng m^ietings in the cinque ports.] By the Municipal Corpora-
Act, 1882, 45 & 46 Vict. c. 50, s. 248, the jastices for the five
of Hastings, Sandwich, Dover, Hythe, and liye, shall have
jurisdiction, powers, and authorities of jastices for a county
to the granting of licenses or authorities to persons to keep
louses, or victualling houses, or to sell excisable liquors by
[within any of the corporate or non-corporate members or liberties
five boroughs respectively not being within the limits of a
having a separate commission of the peace. See also 9 Geo. 4,
^,po9t, and notes, where further provisions are contained as to
ine ports, and where the local statutes relating to those ports
itioned.
194 LICENSING ACT, 18285 s. 2.
Appndz. 2. Time and place how to be appointedr—SoA
meetings to he given.] And be it further enacted, that m
such division or place as aforesaid there shall be holden, ti
one days at the least before each such general annual fiei
meeting, a petty sessions of the justices acting for such oon
place, the majority of whom then present shall, by a p
imder their hands, appoint the day, nour, and place upoa i
which such general annual licensing meeting for such difli
place shall 1^ holden, and shall direct sucn precept to th
constable of the division or place for which such meeting n
holden, requiring him, within five days next ensuing that ci
he shall have received such precept, to order the severtl
constables or other peace officers within his constablewick t
or cause to be affixed on the door of the church or chiqpf
where there shall be no church or chapel on some other
and conspicuous place within their respective districts, a no
the day, hour, and place at which such meeting is appointet
holden, and to give to or leave at the dwelling-house of eae
every justice acting for such division or place, and of etc
every person keeping an inn, or who shall have given nd
his intention to keep an inn, and to apply for a license i
excisable liquors by retail, to be drunk or consumed on ^
mises, within their respective districts, a copy of such notic
(a) As to the precept to the high constable, see 32 & 38 Vid
s. 3, which abolishes the office of high constable, and sabstitv
justices' clerk as the party to receive the precept. But thu di
apply to the metropolitan police district or the city of Londoo.
The notice of holding special sessions may be signed byii
justice and sent by post to the other justices : 7 & 8 Vict. c. 31,
The High Constables Abolition Act, 32 & 33 Vict. c. 47, 8. 2,i
justices in quarter sessions to put an end to the office of higli eo
in certain cases, and enacted as follows : —
Hoto notices are to be sent."] It shall be the duty of the daft
justices of the peace in each petty sessional division, other tfan
which are either wholly or partly within the metropolitan policed^
the city of London, to send by post to the proper parties m sochi
all notices of the holding of special or other sessions, of days of i
and of any other matter or thing (except such as relate to daimii
the hundred or other like district, or to parliamentaiT or ni
elections, or the registration of electors), of which notices are i
law or custom served upon or sent to any parochial ofiicer oi
person by high constables, and no precept or notice to perfoc
such duty in any such division shall hereafter be issued to tf!
constable, after the passing of this Act : 32 & 33 Vict. c. 47, i*
When part of any hundred or other like district is within Ac
9 GEO. 4, 0. 61, s. 3. 195
% Adjournment of meetings.] And be it further enacted, Appndz.
Ait shall be lawful for the justices acting at the general annual —
ttifliiig meeting, and they are hereby required to continue such
fting DY adjournment to such day or days, and to such place or
itai witnin the division or place for which such meeting shall
Mden, as such justices may deem most convenient and suffi-
pit for enabling persons keeping inns within such division or
Kse to apply for such license : Provided nevertheless, that the
IMiined meeting to be holden next after such general annual
tanng meeting shall not be so holden in or upon any of the five
n next ensuing that on which such general annual licensing
in have been holden as aforesaid , and that every adjournment
Ibe said general annual licensing meeting shall be holden
ttiiL the month of March in the counties of Middlesex and
Bey, and of August or September in every other county (6).
any borough or place having separate police jurisdiction, such
liind or district shall, for the purposes of this Act, be deemed to be
fte oonnty in which the other part of such hundred or district is
lite : 32 & 33 Vict, c 47, s. 7.
JUterpretation of terms.'] For the purposes of this Act the word
i0L constable " shall include any constable of any hundred or other
9B district, and any officer discharging the duties usually performed
k!^ constables by whatever name such officer shall be called ; and
I word " county " shall include any riding, division, liberty, and
M having separate quarter sessions of the peace : 32 & 33 Vict.
i7,s.l.
A» to precepts relating to "borough licenses.] The Municipal Cor-
ntions Act, 1882, specially provides for boroughs in respect to these
•Bipts as follows : —
hthe 9 Geo. 4, c. 61, the expressions "town corporate," " county or
w,** and " division or place," include every borough having a sepa-
ti OQnmiission of the peace ; and the expression "high constable"
Men any constable of any such borough to whom the justices of
Moioagh direct their precept under that Act : 45 & 46 Vict. c. 50,
JSk word " borough " includes every city or town to which the
'dpal Corporations Act, 1835, 5 & 6 Will. 4, c. 76, applied, and
town, district, or place subsequently incorporated : 46 & 47 Vict.
i«.6, 7.
^Since all boroughs having a separate commission of the peace,
■"flitt these have a separate quarter sessions or not, and whether ten
J^«8 or not are appointed for such borough, are under the above
■■fti section as regards this matter.
'PO The justices are bound under this section to appoint at least one
Wmed meeting, though they may appoint more than one, and may
o2
196
LICENSING ACT, 1828, S. 4.
Appndx. 4. Special sessions for transferring licenses toltw^^
jpointedJ] And be it further enacted, that the justices
at the general or quarter session which shall be holdei ll^
Michaelmas next after the passing of this Act, and at the gc
annual licensing meeting in every subsequent year, shall apponlj
not less than four nor more than eight special sessions, to W\
holden in the division or place for which each such meetiiig ahdU ''
be holden in the year next ensuing such general annual lie
meeting, at periods as near as may be equally distant, at
special session it shall be lawful for the justices then and
assembled, in the cases and in the manner and for the time
inafter directed (a), to license such persons intending to keep b
appoint any convenient place or plac&s for such adjonmment.
liegislatare seems in 1870 to have thought that justices should '
applications, and eyen where these fail from some inadvertence^
a])point adjournments to enable statutory requirements to be conpU
with : 33 & 34 Vict. c. 29, s. 11. Nevertheless, in 1872 the Lec^flhtM
took away altogether the right of appeal to quarter sessions agriril
the refusal of any new license : 35 & 36 Vict, c 94, Sched. Tb
justices may and should so arrange the adjonmment days as to lOov t
person who has not given notice for the general annual lieeHj|i
meeting to give such notice in time for the adjonmment daj: m\
Drake: R. v. West Riding J J,, 34 J. P. 4 ; L. B. 5 Q. B. 3S;II
L. J. M. C. 17 ; 10 B. & S. 840. And where, for example, an appfiMt
applied at the general meeting for a spirit dealer's retail liceoMyfli
failed becauvse he had not then taken out the dealer*8 license, it wuhlH
that he might take out such dealer 'n license, and give fresh notieaif'
the adjournment day : Ex parte Maugham ; 22. v. Kirkdaie JJn 1
Q. B. 1). 49 ; 40 J. P. 39 ; 45 L. J. M. C. 36 ; 33 L. T. 60$; «
W. R. 205. So where premises were not of sufficient annual fiJilit
the date of the general meeting, they may be made sufficient in tiBI
for the adjournment : R. v. M&tttagu^ 49 J. P. 55.
Where, however, the justices have heard and decided the caM at Hi
general licensing meeting, they may decline to re-hear the mamvA
cation on the same materials at the adjournment day, thoo^ a iv
notice han been given : Ex parte Rushworth^ 23 L. T. 120 ; 34 J.'-
676.
If justices sit more than one day to dispose of the bosinMi at Ai
general meeting, their sitting on the second and snbseqnent ^|a v8
not be adjournment days within the meaning of this section.
The justices sitting at a general meeting or an adjonrnment
adjourn any matter to a special transfer sessions, as these an ta*
<1istinct sessions dealing with different classes of bosineas : & i^
Newcastle JJ., 51 J. P. 244.
(a) These words " in the cases, and in the manner, and for tba tiM
hereinafter directed," refer to section 14, pott^ and prmctically wb
this section and section 14 operate as one section, the latter part dttfl
9 GEO. 4, 0. 61, s. 5. 197
i kept by other persons being about to remove from Appndx.
as they the said justices shall in the execution of the —
rein contained, and in the exercise of their discretion,
and proper persons under the provieions hereinafter
> be licensed to sell excisable liquors by retail, to be
lonsumed on the premi8es.(6)
ice to be given of the adjournment of the general
censing meeting and special sessions,] And be it
acted, that whenever the justices shall have ordered
djoumment of the general annual licensing meeting, or
appointed such special sessions as aforesaid, the day,
place for holding every such adjourned meeting and
. special session shall be appointed by precept of the
)f the said justices directed to the high constable,
lotices similar in form to those given at the general
snsing meeting, to be affixed on the door of the church
or on some ouier public and conspicuous place, and to
apon the same parties.(c)
g a mere recital of what will be fonnd in the 14th section at
Ith.
ces ought to fix the transfer sessions at convenient times
etween 10th October and the following 10th October, especi-
meet the difficulties likely to arise between the annual
eting which is held some weeks previous, and the 10th
?hi8 is, however, now of less importance since the decision
torence or Liverpool J J., 11 Q. B. D. 638 ; 47 J. P. 596 ;
C. 114 ; 49 L. T. 244 ; 32 W. R. 20, noticed in the notes
4, post^ p. 203, which allows some applications for transfer
ifter the expiry of the current license.
.8 ** transfer sessions " are usually applied to these interme-
1 sessions, though the statute does not in the 4th and 14th
lescribe them, but the word '* transfer " was used in the 11th
the schedule now repealed, and is a convenient description
t of the sessions. The notice required to be given before all
plications is set forth in Licensing Act, 1872, s. 40, and see
tion 14 of the present Act, post. And the circumstances
ti a transfer Hcense is granted are stated in section 14, post^
Br is also given to petty sessions to give a temporary autho-
interval between any two special transfer sessions. See
c 44yjfost.
1 regard to the parties who are applicants only for renewals
or certificates, and who are not specially required by the
attend pursuant to a notice of opposition served under
198 LICENSING ACT, 1828, s. 7.
Appndz. g. What justices shall be disqtudified from acting,]
be it further enacted, that no iustice who shall he a eo
brewer, distiller, maker of malt for sale, or retailer of malti
any excisable liquor, or who shall be concerned in paitiMi
with any common brewer, distiller, maker of malt for adfl^
retailer of malt or of any excisable liquor, shall act in, or he ]
at any general annaal licensing meeting, or at any adjoi
thereof, or at any special session for granting or
licenses under this Act, or shall take part in the
adjudication of the justices, upon any application for a lioeDM<
upon any appeal therefrom ; and no justice shall act unon i
the aforesaid occasions in the case of any house licensed, or i
to be licensed, under this Act, of which such justice sbaUbel
owner, or for the owner of which he shall be manager or
or of any house being in whole or in part the property <
common brewer, distiller, maker of malt for sale, or letaikK
malt, or of any excisable liquor, to whom such justice ahifl'
either by blood or by marriage, the father, son, or brother, « i
whom such justice shall be the partner in any other tm
calling ; and that every justice who, being hereby dis
shall knowingly or wilfully so offend, shall for every sue
forfeit and pay the sum of £100 : provided always, that
herein contained shall extend to disqualify any justice (noti
wise disqualified, and having no beneficial interest in the J
licensed or about to be licensed under this Act), from ac^
any of the occasions aforesaid by reason of the legal estate in*
house being vested in him as trustee for any person or P^*'^ ■
or for any charitable or public use or purpose whatsoevcLj*)
7, When in liberties, do,, two justices not disqualifidi^
not attend, the county justices may act.] And be it faAM
enacted that whenever at any of the meetings to be hddfli'
aforesaid for any liberty, county of a city, county of a towBi cf^
or town corporate, there shall not be present at least two jnrf*
acting in and for any such liberty, county of a city, cooilty of •
Licensing Act, 1872, section 42, ante, p. 75, no snch notice need B0vte
given to them for the purpose of their attending ; bat an apptoliw
must always be made by some person duly authorised ; hence, if
application has not been made at the general meeting, it will te
to continue this notice in those cases in order to remind them : * '^
Act, 1874, section 26.
(a) This section was repealed by the Licensing Act, 1872,
as to that Act, but the section had been incorporated by & ^^.^^
c. 44, 8. 4, and applies to applications at petty seasions onder the ' "
Act, and is not identical witn Licensing Act, 1872, section M.
9 GEO. 4, 0. 61, s. 9. 19S
m, dty, or town corporate, who are not disc^ualified, it shall be Appndx.
■fal for the justices acting in and for the county or counties —
Imiiing to such liberty, county of a city, county of a town, city,
town corporate, and not disqualified from acting, to act within
oh liberty or place, and with the justice or justices thereof not
herembiefore disqualified who shall be present at any such
eetmg as aforesaid, for the purpose of granting or transferring
HDBes under or of hearing complaints an to offences against this
Bt| any law, custom, or usage to the contrary notwithstanding.(6)
•8. Powers hereby given to tJie justices of the county
M to extend to the cinque ports,] P^o^dded always that
afiung herein contained shall extend to give the justices of the
imty or any division thereof any power or authority for the
Rttmg of the provisions of this Act in execution within any of
IB cinque ports, or either of the two ancient towns, or any of the
Vj^rate or other members or liberties of the cinque ports or two
iQent towns, but that it shall be lawful for the justices of and
» each of the principal cinque ports and two ancient towns, and
at as hereinbefore disquaMed from acting, and none other, to
Ot within and for the same and the liberties thereof not corporate
Bnectively as they have been accustomed, and for them, or any
f them (not so as last aforesaid disqualifiecl) to act witliin each
f tiie corporate members immediately belonging or subordinate
) such prmcipal cinque port or ancient town, with the justice or
utices of each such corporate member (not so as last aforesaid
iajaalified), for the purpose of granting or transferring licenses
noer or of hearing complaints as to offences against this Act, in
tlsnch cases in which the justices of the county are hereinbefore
npowered or authorised to act with the jiLstice or justices of any
berty, county of a city, county of a town, city, or town corporate.(c)
9. Qtiestions respecting licenses to be determined^ and
senses to be signed^ by tJie majority of justices at tJie
eeting,] And be it further enacted, that when (at any of the
eetings aforesaid) any question touching the granting, with-
er) The disqnaUfication here mentioned is now set forth for the
iposes of this Act in Licensing Act, 1872, section 60. The adjoining
mty or town corporate seems to be read distributively, and no great
xtj would be required as to which of several adjoining places a
itice may for this purpose be taken from. The mie is that a justice
' a county or borough can sit at any sessions within his county or
xragh: M. v. Beckley, 20 Q. B. D. 187 ; 52 J. P. 120.
» The Cinque Ports Acts are 51 Geo. 3, c. 36 ; 18 & 19 Vict. c. 48 ;
k 33 Vict. c. 53 ; 38 & 39 Vict. c. 66, Sched. ; 45 & 46 Vict. c. 50,
200 LICENSING ACT, 1828, s. 12.
Appndx. holding, or transferring any license, or the fitness of the |
— applying for such license, or of the house intended to be ke
such person, shall arise, such question shall be determined I
majority of justices not disqualified, who shall be present
such question shall arise ; and every license granted und
authority of this Act shall be signed by the majority of the ji
not disqualified who shall be present when such license ui
granted, (a)
10. Notice of application for a license to keep a house as a
not previously kept as such. Repealed by Licensing Act,
See Sched.(6)
11. Notice of application to transfer a license. B^peal
licensing Act, 1872. See Sched.(6)
12. ^'i^y person hindered from attending any Uce
meeting by sichness may authorise another ^person to a
for him.] And be it further enacted, that if any person inte
to apply at the general annual licensing meeting, or at any adj
ment thereof, or at any special session, for any license to be gi
under the authority of this Act, or for the transfer of an]
license, shall be hindered by sickness or infirmity, or by any
reasonable cause, from attending in person at any such m€
it shall be lawful for the justices there assembled to gn
transfer such license to such person so hindered from atta
and to deliver the same to any person then present who sb
duly authorised by the person so hindered from attendi
88. 248, 256 ; 46 & 47 Vict. c. 18, as. 13, 14 ; 46 & 47 Vict, c 39, !
The disquahfication referred to formerly set forth in sectioii 6 i
that substituted by Licensing Act, 1872, section 60.
See also note to 9 Geo. 4, c. 61, s. 1, arite^ p. 194.
(a) A justice is not bound to vote, but if he does not intend t
or cannot vcte, he should not sit on the bench with other jiwti
confusion and irregularity may result from this : M, y, Mf
Q. B. D. 173; 40 J. P. 645.
If the justices are equally divided they should adjourn the ma)
that other justices may attend ; if they do not, the result is eqni
to a refusal, and the applicant may appeal accordingly. See i?. t
48 J. P. 440 ; It. v. Carnarvon, 4 B. & Aid. 86 ; B. v. M(mm4mtl
4 B. & C. 844 ; 8 B. & C. 137 ; B. v. Beltan, 11 Q. B. 380.
The mode of signing the license is now alternative. See 3!
Vict. c. 29, 8. 4, sub-sect. 2 ; Licensing Act, 1872, section 41
sect. 3.
(^) There is no particular form of notice specified in any <
statutes, but the requirements both as to notices lor new licenses ai
transfers of licenses are now contained in the Licensing Ati,
section 40, antpf and in 32 &; 33 Vict. c. 27, s. 7, post.
9 GEO. 4, 0. 61, 8. 14. 201
e same, proof being adduced to the satiBfaction of such Appndx.
'ho are nereby empowered to examine upon oath into
r of such all^ation, that such person in hindered from
by good and sufficient cau8e.(c)
mn of license,] And be it further enacted, that every
ich shall be granted under the authority of this Act
xjording to the form in the schedule hereunto annexed
/.), and shall be in force in the counties of Middlesex
y from the fifth day of April, and elsewhere from the
'ctober, after the granting thereof, for one whole year
spectively next ensuing, and no longer ; and every
the purposes aforesaid, which shall be granted at any
i or place or in any otlier form than that hereby directed,
hereinafter excepted, shall not entitle any person to
excise license for selling excisable liquors by retail to
3r consumed on the premises of the person licensed, and
tterly void to all intents and purposes.(d)
ovision for death, change of occupancy, or other
xy — Duration of license granted in event of such
cy — Notice required.] If any person duly licensed
Act shall (before the expiration of such license) die, or
by sickness or other infirmity rendered incapable of
Q inn, or shall become bankrupt, or if any person so
r the heirs, executors, administrators, or assigns of any
licensed, shall remove from or yield up the possewsion
se specified in such license ; or if the occupier of any
e, being about to quit the same, shall have wilfully
: shall have neglected to apply at the general annual
aeeting, or at any adjournment thereof, for a license to
o sell excisable liquors by retail, to be drunk or con-
such house ; or if any house, being kept as an inn by
was extended to certificates under the Wine and Beerhouse
34 Vict. c. 29, 8. 4, and is further extended by Licensing
section 42. By this Act of 1828, and previous Acts, it was
be essential that each applicant should appear in person at
meeting, whether he applied for a new license, or a renewal,
ir. That is now rendered unnecessary as to renewals in most
Licensing Act, 1872, s. 42; Sharpy. H'akejield, 22 Q.B.J).
. P. 20 ; 58 L. J. M. C. 57 ; 60 L. T. 130 ; 37 W. R. 187.
the applicant need not appear in person, he must send an
nessenger, otherwise the justices need not renew the license,
d drop.
section is repealed so far as regards the form of license :
Let, 1872. See schedule, and section 48. lihe forms issued
retary of State are in the Appendix at the end of this^
202 LICENSING ACT, 1828, s. 14.
Appndx, any person duly licensed as aforesaid, shall be or be about
— pulled down or occupied under the provisions of any Act k
improvement of the highways or for any other pnblic puipo
shall be, by fire, tempest, or other unforeseen and nnaToi
calamity, rendered unfit for the reception of travellen, an
the other legal purposes of an inn ; it shall he lawful k
justices assembled as aforesaid at a special session holden i
the authority of this Act for the division or place in whk
house so kept or having been kept shall be situate in any <
the above-mentioned cases, and in such cases only, to mntl
heirs, executors, or administrators of the person so oying^
the assigns of such person becoming incapable of keeping «
or to the absignee or assignees of such bankrupt, or to an^
tenant or occupier of any house having so become ttnoca
or to any person to whom such heirs, executors, administi
or assigns, shall by sale or otherwise have bond fide convq
otherwise made over his or their interest in the occupatia
keeping of such house, a license to sell excisable liqiiois by i
to be drunk or consumed in such house or the premises tha
belonging ; or to grant to the person whose house shall tt
said have been or shall be about to be pulled down or oee
for the improvement of the highways or for any other]
purpose, or have become unfit lor the reception of tiaveui
for the other legal purposes of an inn, and who shall opo
keep as an inn some other fit and convenient house, a li
to sell excisable liquors by retail, to be drunk or com
therein : Pro^dded always, that every such license shall M
in force only from the day on which it shall be granted imt
fifth day of April or the 10th day of October then next on
as the case may be : Provided also, that every person inta
to apply, in any of the above-mentioned cases, at any auch fl
session, for a license to sell excisable liquors by retau, to be fl
or consumed in a house or premises thereunto belonging in i
excisable liquors shall not have been sold by retail, to bed
or consumed on the premises, by virtue of a license grttfc
the general annual licensing meeting next before auch i|
session, shall on some one Sunday within the six wedi
before such special session, at some time between the hoi
ten in the forenoon and of four in the afternoon, afl&x or cal
be afl&xed on the door of such house, and on the door o
church or chapel of the parish or place in which such houae
be situate, and where there shall be no church or chapel o«
other public and conspicuous place within such pariah tod
such and the like notice as is hereinbefore directed to be atf2
every person intending to apply at the general annual li*'
meeting for a license to sell excisable liquors by retail, to be
or consumed in a house not theretofore kept as an inn, 9J^
9 GEO. 4, c. 61, s. 14. 203
e manner serve copies of the said notice on one of the over- Appndz.
of the poor and on one of the constables or other peace —
s of anon parish or place.(a)
me words were repealed by 51 & 52 Vict c 57, Sched. and
Qoikted in the text.]
I This section applies not only to publicans' licenses, but to all
fiates under the Wine and Beerhonse Acts, 33 & 34 Vict. c. 29,
ab-section 5, and to certificates for spirits and liqueurs, Licensing
1872, section 69 ; and for sweets, Licensing Act, 1872, section 74.
hd only enactment which provides for transfers of justices' licenses,
s to say, the substitution of a new person or a new house, when
one of ibe incidents here mentioned occurs during the currency of
tte far applying for transfer and notice,'\ The authority to
nt certain days for transfer sessions not exceeding eight during
eensing year, is given by section 4, ante^ and the cases that may
lit widi are here set out. Before any application can be made
otices must be given pursuant to Licensing Act, 1872, section 40,
aetion 2. See notes to that section, ante^ p. 72. And the notice
t end of this section may sometimes be required also if the house
lot been licensed before. See notes, anJte^ p. 73.
bere a new tenant has come into the premises and has failed to
ia a transfer, there is nothing to prevent a second new incoming
it making a second application and so on, during the licensing
, for the justices may accept one person though they may have
itod another, and the license once granted continues in existence till
I October : Be Todd, 3 Q. B. D. 407 ; 42 J. P. 662 ; 47
'. M. C. 89. It is true that if the license has been forfeited no such
Beation can be made: R. v. West Riding JJ,, 21 Q. B. D. 258 ;
r. P. 466 ; 67 L. J. M. C. 103 ; 36 W. R. 258. But in the additional
ftlpecified in Licensing Act, 1874, s. 15, ante, p. 169, there seems to
kdoabt, whether a succession of new incoming tenants could apply
dterthe other: Stevens v. Shambrooh, JJ., 53 J. P. 423.
»• application under this section is usually made before the expira-
I of tofi license which is proposed to be transferred or transmitted,
<^9Wt being to provide for some contingency happening between
l^eial annual licensing meetings, at which alone a license or a
■•■I can be obtained, and which license positively lapses on a
**d ^y in the year. If, however, the events mentioned have all
I*Ded during the current year, such as the death or removal of one
*t and the entry of another into the licensed premises, then the appU-
y* nuiy be made at any time after the expiration of the current license,
■ teast within the year next after the lapse of the current license, the
jpction depending on the happening of events, and not on the date
r*^ the remedy is asked for. R. v. Lawrence, or Liverpool JJ,,
fe -». D. 638 ; 47 J. P. 596 ; 52 L. J. M. C. 114 ; 49 L. T. 244 ;
'^* ^ 20. Though it has been usual to call the license granted
204
LICENSING ACT, 1828, S. 14.
Appndz.
Note.
under this section a transfer, and it has been so described ii
Licensing Act, 1872, s. 74, ante^ p. 129, yet it is in strictnesB mail
grant of a license to some person different from Uie jperson VM
it before, or to tbe same person in respect of a dilterent boM
which is authorised when the events happen which are described ■
14th section. In some cases it may even be an advantage, enn
near the end of the cnrrent license, to postpone the ap{dMiBai
after its expiration ; for if the justices make the transfer beta
10th of October, the license so transferred will usually endontfatl
R, V. Northumberland JJ., 43 J. P. 271.
Discretion of justices as to transfers.'] The general role ii^
justices have the same discretion, but not more, as to the cni
transfers, as they have as to new and renewal licenses, and n
cretion is as to the great majority of cases absolute, as for eni^
to publicans' licenses, all in-door beer and wine licenses fint gn
since 1869. The leading rule as to publicans' licenses was disciii
Sharp V. Wakejield, 22 Q. B. D. 239 ; 63 J. P. 20 ; 58 L. J. M.(
60 L. T. 130 ; 37 W. R. 187 ; and is equally applicable to tUM
see notes to section 1, ante, p. 189.
But there are several exceptions where the justices have a
discretion limited to the four grounds specified in 32 & 33 Viet
s. 8, post ; and the rule being, that if the discretion was limitel
renewals, or new licenses, then it is equally limited as to tna
Sivimonds v. Blackheath, 17 Q. B. D. 765 ; 50 J. P. 742 ; U
M. C. 166 ; 35 VV. K. 167. Accordingly the discretion of jvti
limited as to in-door beer houses, in-door wine houses, and in-ooor
houses, licensed since 1869: 32 & 33 Vict. c. 37, s. 19.
With regard to out-door licenses for wine or spirits, or cider, or9
the discretion of justices is still limited both as to new lioeM
renewal licenses : 32 & 33 Vict. c. 27, s. 8 ; 35 & 36 Vict, c 94, i
74 ; and hence equally limited as to trajisfers : Simmonds v. Blsem
supra.
Where a spinster who held a license, married and the husband u
for a transfer to himself under section 14, it was held to bemuM
as the license remained valid ; Hazell v. Middleton^ 45 J. F. 640
In applications for transfers as notice must be g^ven pom
35 & 36 Vict. c. 94, s. 40, the character of the transferee reqfid
be proved, and is usually a leading requirement. Any penal
oppose the applicant for transfer, and it is usual to do so Iqref
as to misconduct of previous license holders. W^here the discni
justices is limited to the four grounds, the transfer is nsaaUy Oj
on one or other of those four grounds set forth in 32 & 33 Vict
H. 8. In general, evidence as to the bad character of a preTions
ought not to have much weight on a transfer appucatun.
Hull JJ,, 47 J. P. 820.
There is, however, in all applications for transfer an mml
county quarter sessions, if the transfer is refused, so tnat ai
justice may be corrected and additional evidence given on botk
see section 27, post.
ir
9 GEO. 4, c. 61, s. 14. 205
Appndz.
Imm €U to transfers.'] The following cases illnstrate this section as
icatdons for transfers : Note.
bolder of a certificate for a beer license in Middlesex removed
,4tih Febmary. The next general annual licensing meeting waH
on 6th March. The old tenant, withont the new tenant's know-
then applied for renewal, but was refused. The new tenant,
entered on 14th February, did not apply on 6th March, but after
iper notices, applied, under 9 (xeo. 4, c. ()1, s. 14, at the special
Hfer session on 12th April. He was held entitled to the certificate
Ibt 9 Geo. 4, c. 61, 8. 14, and 33 & 34 Vict. c. 21>, s. 4, sub-sect 5 :
T. Middlesex, JJ., 40 L. J. M. C. 184 : L. R. G Q. B. 781 ; 25 L.T.
S5 J. P. 599 ; 19 W. K. 960.
. the holder of a country beerhouse license, at the general annual
■ng meeting on the previous 25th August, applied for renewal of
, but was refused. He occupied till 13th October, and was
by S., who then applied at the next special sessions on 4th
, nnder 9 Geo. 3, c, 61, s. 14. Held, that the special sessions
no jurisdiction, as W. had remained in possession till after the
expired : Slmpkin v. Birmingham J J., 41 L. J. M. C. 102 ;
7 Q. B. 482 ; 26 L. T. 620 ; 20 \V. K. 702 ; 36 J. P. 709.
[knew tenant of an alehouse in Middlesex, applied at the adjourned
meeting for a license and was refused. At that date he could
appealed to quarter sessions but did not do so, and after the
iLhcense expired applied again to transfer sessioas. Held, his
lemedy being the appeal, he could not apply under section 14 : jf2.
Ur, L. B. 7 Q. B. 487 ; 37 J. P. 101 : 42 L. J. M. C. 13.
I new tenant in a country public-hortse. who had entered on 4th
iber, applied at the special transfer sessions on 20th November.
, when the justices refused. R. then appealed to quarter sessions.
ihey refused also. The court held it was discretionary in the
both at special sessions and at quarter se^isions to refuse the
R. v. Rowell, Rowell v. Norfolk, J J,, 37 J. P. 103 ; L. R.
B. 490 ; 41 L. J. M. C. 175 ; 26 L. T. (N.s.) 732.
holder of a country license gave up possession on 11th September
who entered and applied to the transfer sessions on 25th Sep-
, and was refused. B. left the house on 28th September, and G.
and applied to the transfer sessions on 23rd ( )ctober, and was
faied. T. next entered on 29th November, and applied to tht'
^ifer sessions on 22nd January, and was refused for want of juris-
lltkm, and the Q. B. held the jastices right : Re Todd, 3 Q. B. D.
17 ; 47 L. J. M. C. 89 ; 42 J. P. 662. But this case has been over-
fed by J2. v. Liverpool JJ., R, v. Lawrence, ante, p. 203.
C having a lease of licensed premises at M. till July, 1879, began
1876 to build a new hoiLse of his own at I. for which he got a pro- '
riooal license and then a confirmation of that license in 1877, and
en dropped the license at M. A new tenant entered M. in 1879 and
If applied for a new license in 1879, and in each year till 1883, and
IS always refused. After the decision of R. v. Lawrence, 11 Q. B. D.
8, the same new tenant applied for a transfer of the license at M.
deh had expired in 1877. Held, that the jastices had a discretion to
206 LICENSING ACT, 1828, s. 14.
Appndx.
refuse the transfer, and conld not be compelled by mandawnutt
Note, the application : JSx parte Minett, 51 J. P. 84.
The licensed person died on 27th September. No new tenant M
till after 10th October, and an application was not made toa tn
till the 4th December, and the court held there was no jnris&lil
the license had been allowed to lapse : White y. Coquetdale^ 7<^!
238 ; 50 L. J. M. C. 128 ; 44 L. T. 715 ; 45 J. P. 539. ThU CM
however, been overruled by R. v. Liverpool JJ,^ R. v. ZawfWMV^'
p. 203.
If the license has been forfeited, there can be no applicatkni
after for a transfer : R. v. West Riding JJ,, 21 Q. B. D. SM
J. P. 455 ; 57 L. J. M. C. 103 ; 36 W. R. 258. So if the fieoi
been discontinued for a year or more there can be no applicatioi
renewal or transfer, but only one for a new license : R. v. CViTSttL
8 Q. B. 400 ; 42 L. J. M. C. 155 ; 37 J. P. 774 ; 29 L. T. 32 ; 211
886.
K., the license holder, abandoned possession, and at next fl
meeting landlord asked for renewal in K.'s name or his own, i
justices refused. P., a new tenant, entered after general meetim
at next transfer sessions asked for transfer, which was refnaed, «
appealed to quarter sessions and was again refused. Held,tli
decision was iinal and that P. could not apply again at next a
meeting for renewal : R. v. Newcastle JJ.^ 51 J. P. 244.
A licensed house had been pulled down for public improTenwnli
the licensed person chose another house in all respects well fitte
the business, but the justices when asked to make the tnute
sidered that there were already sufficient houses in the new kx
and refused to transfer on that ground alone, and the High Conl
that their discretion could not be interfered with : Boodle t.
mingJiam JJ., 45 J. P. 635.
Where a licensed house was pulled down in order to antii
public improvements in a locality, this was held not to come i
the powers of the justices to grant a transfer : R. y. Northmke^
JJ., 43 J. P. 271.
The notice at the end of the 14th section means the notice In
license under Licensing Act. 1872, s. 40, in those cases. See Act|
8. 40, and notes, ante^ p. 72.
Contracts of sale of licensed houses.'] Cases of transfer ol 11
are often mixed up with the sale of the business of a poblieii
Claydon v. Green, L. K. 3 C. P. 511 ; 37 L. J. C. P. 236 ; 18
607 ; 16 W. R. 1126, the vendor of a public-house agreed to H
business and assign the license on 5th February, 1867. It tniw
that the licenses were held in the name of the vendor's son, wk
gone to America, and was not heard of, and the bnsinem had
carried on in the name of another son, no indorsement or appfi
for transfer being deemed possible. The court held that the i
not being able to perform his contract, the purchaser was entit
recover back his deposit. In Day v. Lvhicj L. R. 5 Eq. 88
L. J. Ch. 330 ; 10 W. R. 719 ; 32 J. P. 499, a vendor corenai
9 GEO. 4, 0. 61, 8. 14.
2or
ifer the license on a given day. At the day in qneRtion the holder
le license could not be got to anthorise an application to justices,
io a transfer was not obtained. It was held that the vendor
ng &iled to carry out the contract, the purchaser could repudiate
eontract. So when the license cannot be secured the contract for
of the public-house as a going concern may always be repudiated :
ile$ Y. Gale, 41 L. J. Ch. 14 ; L. R. 7 Ch. 12 ; 25 L. T. 524 ; 20
B. 70. And where parties contract on the footing of a license
W in force, and it appears that the existing license is subject to
uQcations, the contract cannot be enforced : Modlni v. Snowball, 4
G. F. & J. 143.
Uthe expiration of the lease the licensee may l>e entitled to the
idwill according to his covenant, in which case the goodwill may
■iie to be valued. See Llewellyn v. Rutherford, L. K. 10 C. P.
i; 44 L. J. C. P. 281 ; 32 L. T. 610. Or the goodwill may be
hnd to go with the house : Ew parte Pinnutt, 16 Ch. D. 226 ; 50
J. Ch. 212 ; 44 L. T. 226 ; 29 W. R. 120. But the goodwill carrie*
I zi^it to get transfer of license, if procurable : Mutter v. Daniel,
L. T. 684 ; 30 W. R. 801.
1 eorenant is often given by a vendor of the goodwill not to carry
boriness within a certain distance. Such distance is, unless the
itezt varies it, measured in a straight line : Mimfffet v. Cole, L. R. 8
1 32 ; 42 L. J. Ex. 8 ; 27 L. T. 678 ; 21 W. R. 175.
On a sale of a public-house, as time is of the essence of the contract,
I Mia may go off for want of justices' license : Cowles v. Gale, L. R.
a. 12 ; 41 L. J. Ch. 14 ; 25 L. T. 524 ; 20 W. R. 70. U lease
riMDS covenant to leave assignment with ground landlord's solicitor,
I tile goes off : Brookes v. Drysdale, 3 C. P. D. 52 ; 37 L. T. 467 ;
W. B. 331. If at termination of lease goodwill is to be allowed
laat, the tenant may sue landlord for the same : Llewellyn v. Rnther-
nl, L. R. 10 C. P. 456 ; 44 L. J. C. P. 281 ; 32 L. T. 610. If there
a covenant on bankruptcy of lessee for landlord to re-enter, the
me does not pass to the trustee of bankrupt, for a license is not
op^ : Re BHtnor, 46 L. J. Bk. 85 ; 25 W. R. 560. See a sale
lidde describing hotel as " let to a most desirable tenant :" Smith
land Corporation, 28 Ch. D. 7 ; 49 J. P. 182 ; 51 L. T. 718. As
ade.of trade fixtures in a public-house, see Lea v. Whittaker, L. R,
C. P. 70 ; 27 L. T. 676 ; 37 J. P. 183 ; 21 VV. R. 230.
A iignhoard of a public-house erected on a post by the wayside is
mUj an incorporeal hereditament which passes with the house :
mn V. Metropolitan Board of Works, L. R. 9 Q. B. 296 ; 38 J. P.
8. So may a signboard be fixed to an adjoining house : Moody v.
ScwZm, 12 Ch. D. 261; Francis v. Uayward, 22 Ch. D. 177 ; 47
P. 517.
A valuable picture painted by an artist and fixed outside an inn as
ricnboard was held to belong to the landlord as a fixture : Ex
m D'Freshy,U L. T. 781 ; 29 W. R. 527.
A power given in a lease to distrain for non-payment of goods supplied
IS held to be a bill of sale : I^lhrook v. Ashly, 56 L. J. Q. B. 376 ;
W. R. 779.
See also, further, as to covenants, section 31 and notes, post.
Appndx.
Note.
208 LICENSING ACT, 1828, s. 17.
Appndx. 15, Fees to he paid for license — Penalty for taking]
fees.] And be it further enacted, that it shall be lawMfior'
clerk of the justices as well at the general annual
meeting as also at any special session to be holden under thk^
to demand and receive from every person to whom a liceiMi
be granted under this Act, for the trouble of such clerk, aBii
all expenses connected therewith, the sums following, uii
more : videlicet, for the petty nonstable, or other peace offioeii 1
serving notices, and for all other services hereby required of M
petty constable or other peace officer, the sum of one shillins ;)
the clerk of the justices, for the license, the sum of five 8himi|
and for preparing the precepts to be directed to the hi^ «
stable, and notices to be delivered by the petty constabk^
required by this Act, the sum of one shilling and sixpence ; i
every such clerk who shall demand or receive from any pen
for such respective fees in this behalf any greater sumoranjthi
of greater value than the sums hereinbefore specified, beingml
whole the sum of seven shillings and sixpence, shall for en
such offence, on conviction before one justice, forfeit and ptj 1
sum of live p()unds.(a)
16. Persons disqualified to hold licenses,'] And bi
further enacted, that no sheriff's officer, or officer execnting
legal process of any court of justice in any county or place, ll
be capable of receiving oV using any license under this Act; i
that every license granted or transferred to any person exezcu
any such office shall be void to all intents and purposes. (5)
17, No excise license to he granted except to a pen
licensed under this Act.] And be it further enacted, that
(a) This includes the fees of transfers and renewals as well •• i
licenses. Besides these fees there is a fee of iJt. for regpfltnti
Licensing Act, 1872, section 36. These fees apply to certificitw
beer, cider, and winehouse and spirit and sweets licenses, except tM
renewals of these a fee of ix. and Is. only besides the registniioiifi
to be paid : 33 &c 34 Vict. c. 29, s. 4, sub-section 3. As to the C
stable's fees, see 35 & 36 Vict. c. 92, s. 7.
In one case a mayor claimed a fee of 4^. over and aboTe tk
statutory fees as due under the ancient custom of the borongh, bit
court held all such customs impliedly repealed, and the sum was reoofi
back by the licensee : Morgan v. Palmer, 2 B. & C. 729.
There is no appeal to quarter sessions against any conTiction n
this section owing to the repeal of section 27 as to conTictioniL
(V) Disqualifications are also declared as to beerhouses \xy 1 Will
c. 64, s. 2 ; 8 & 4 Vict. c. 61, s. 7. And when felony is oommitted,
3 & 4 Vict, c 61, s. 7; 23 Vict. c. 27, s. 22; 33 & 34 Victc. 39,a ]
9 GEO. 4, c. 61, s. 26. 209
for the sale of any excisable liquors by retail, to be drunk Appudz.
ttnsomed on the premises of the person licensed, shall be
'by the commissioners of excise, or by any officer of excise,
person whatsoever, unless such person shall have pre-
obtained from the justices a license under this Act, and
said license of such justices shall be retained by such
after being produced to the commissioners or officers of
\; and every license granted by the commissioners of excise,
any officer of excise, contrary to this provision, shall be null
Todd to all intents and purposes.(c)
Penalty for selling excisable liquors by retail without
Repealed by Licensing Act, 1872. See Schedule, and
a
)» licensed persons to use standard measures in sale of
Repealed hj Licensing Act, 1872. See Schedule, and
&
I. Houses to be closed by ortler of justices in cases of riot, &c.
by Licensing Act, 1872. See Schedule, and section 23.
^8L Penalties for offences against tenor of licenses. Repealed by
Act, 1872. See Schedule.((Z)
\9Sl. ^Proceedings at the session in certain cases to be carried on
tiie petty constable. Repealed by Licensing Act, 1872. See
hue.
, Penalty on witnesses not attending. Repealed by Licensing
1872. See Schedule.
Penalties of justices how to be recovered and applied,
by 61 & 52 Vict. c. 27, Sched.
Other penalties how to be recovered, i^ea^ by Licensing
1872. See Schedule.
IBi How penalties are to be applied. Repealed by Licensing
1872. See Schedule.
(#) A dmilar enactment has been extended to beerhonses, cider-
ftHB^ wine licenses^ off spirit licenses, and sweets. And the rale is as
»t]l justices' licenses, that when such licenses become void or are
■faited the excise license becomes void also: Licensing Act, 1872,
.ll,m<9,p. 116.
Uh Kearly all offences are now set forth in Licensing Acts, 1872,
874.
210 LICENSING ACT, 1828, s. 27.
Appndx. 27. Appeal may be made to the qy/wter sesmra^
W£nt of the quarter sessions to he final,] And be it fi
enacted, that any person who shall think himself ag^pen
any act of any justice done in or concerning the executund
Act, may appeal against such act to the next general orf
sessions of the peace holden for the county or place whcni
cause of such complaint shall have arisen, unless such Ml
shall be holden witnin twelve days next after such act shill
been done, and in that case to the next subsequent sessioDik
as aforesaid, and not aftenvards, provided that such penofi
give to such justice notice in wntinc of his intention to i
and of the cause and matter thereof within five days not
such act shall have been done, and seven dcuys(a) at the leaitl
such session, and shall within such five days enter into ai
nizance, with two sufScient sureties, before a justice acting i
for such county or place as aforesaid, conditioned to appeari
said session, and to try such appeal, and to abide the rndgn
the court thereupon, and to pay such costs as shall be 1)
court awarded ; and upon such notice being given, and nu
cognizance being entered into, the justices befere whom iSbt
shall be entered into shall liberate such person, if in cufltw
any offence in reference to which the act intended to be fl^
against shall have been done ; and the court at such session
hear and determine the matter of such appeal, and shall
such order therein, with or without costSy as to the said cout
seem meet; and in case the act appealed against shall b
refusal to grant or to transfer any license and the judgment i
which such act was done be reversed, it shall be lawftd fc
said court to grant or to transfer such license in the same m
as if such license had been granted at the general annual Btt
meeting or had been transferred at a special sessions; am
judgment of the said court shall be final and conclusiTe t
intents and purposes ; and in case of the dismissal of such <
or of the affirmance of the judgment on which such act wai
and which was appealed against, the said court shall adjndfl
order the said judgment to be carried into execution, aw
awarded to be paid, and shall, if necessaiy, issue proeei
enforcing such order : Provided that no justice shall act i
(a) This, so far as regards the seven days, must be takoi
repealed by 12 & 13 Vict. c. 45, s. 1, which requires in toM
(including this) fourteen days' notice before the sessions. Tlia
qaence will be that unless the next sessions are held at soch a ti
to admit of fourteen days' notice, then the appeal most be to tlM
mibsequent sessions : B, v. Mauley 36 J. F. 696 ; 47 & 48 Yid,
ached.
9 GEO. 4, 0. 61, s. 27. 211
leterminatioii of any appeal to the general or qnartei Appildz.
aforesaid from any act done by him in or concerning *^
)n of this Act : Provided also, that when any cause of
hall have arisen within any liberty, county of a city,
, town, city, or town corporate, it shall be lawful for
nrho shall think himself so as aforesaid aggrieved, to
ast any such act as aforesaid, if he shall tmnk fit, to
sessions of the county within or adjoining to which
' or place shall be situate, subject to all the provisions
3 contained.(6)
section is repealed so i»x as relates to appeals against the
vat a new Ucense, and in all other respects, except that it
)rce as regards appeals against a refusal of the renewal or
censes.
iggrieyed includes a person whose license has been refused,
Bdways appeal in those cases where an appeal still exists :
, 2 Q. B. 96. But a rival who has already a Ucensed house
newly Ucensed cannot appeal against such new license, for
person aggrieved in tins sense : R. v. Middlesex JJ., 3
5 ; jB. V. Surrey J J., 62 J. P. 423.
ovmer may appeal.l The owner may join in the appeal
hisal of renewal along with the license holder who is his
it has been held that a mortgagee of the premises may
ist a refusal of the renewal of the license if the Ucensee
:horised such mortgagee to take all steps to preserve the
though the licensee declines to appeal hunself : Garratt v.
TJ,, 12 Q. B. D. 620 ; 53 L. J. M. C. 81 ; 48 J. P. 358 ; 32
But the owner is not entitled to ask a license in his own
he is about to keep the premises as a licensed house : 9
, s. 1. In the cases, however, mentioned in Licensing Act,
vnte, p. 169, the owner is expressly authorised to apply for
ad he may appeal in his own name : R. v. West Riding JJ.,
417 ; 48 J. P. 149 ; 52 L. J. M. C. 99 ; Stevens v. Sham-
I J. P. 423.
1 is the only redress against the refusal of a renewal or
k license on the merits, and the justices cannot be sued by
ist, if no corrupt motive can be proved : Bassett v. Gad'
Is. 121 ; nor can a criminal information be filed for Uke
V, Tovmgy 1 Burr. 556. See notes to section 1, ante^ p. 189.
lay be a remedy by way of mandamus^ as to which see
Liverpool JJ., 42 J. P. 406, and notes to section 1, arvte^
lotes to Licensing Act, 1872, s. 42, ante^'p. 78.
ant cannot be deprived of his appeal by a rule made at
ons that the court will hear no appeal unless entered three
ihe first day of sitting : R, v. Pawlett, L. B. 8 Q. B. 491 ;
; 29 L. T. 390.
p2
212 LICENSING ACT, 1828, s. 28.
Appndz. 28. Justices to hind parties to appea/rtogvoeevii»
qua/rter sessions,] And be it further enacted, that wliena
To what sessiofis appeal lies.'] The appeal lies to the coimtj
sessions, and not to the recorder of a borongh, against the ra
transfer or renew a license : R. v. Deane, R. v. Reading JJ,y 2 (J
R. V. Recorder of Bristol, 4 E. & B. 266 ; 24 L. J. M. 0. 4S;
342. The Municipal Corporations Act, 1882, 46 & 46 Vict c 61
expressly enacts that the recorder shall not by virtue of his ofl
power to grant any license or authority to any person to keep
alehouse, or victualling house to sell excisable liquors by rew
county quarter sessions to which the appeal is taken most dedd
cannot adjourn the hearing to a subsequent sessions : R. Y. Bi
Q. B. 379 ; 12 J. P. 232 ; 17 L. J. M. C. 70; Bowman ?. J
E. & B. 47 ; 22 J. P. 6 ; 26 L. J. M. C. 57. But there is no
prevent the quarter sessions from adjourning a particular case f
days if necessary, so long as they decide it before the next t
quarter sessions : R. v. Onmhridge Unicm,, 1 B. & S. 61 ; 30 L.
137 ; 4 L. T. 212 ; 9 W. R. 599.
When the licensing justices refuse the license on the groi
good character was not sufficiently proved, the appellant majj
and additional evidence of good character : R, v. Pilgrim. It, B
89; 40L. J. M. C. 3; 23 L. T. 410; 19 W. R. 99; 35 J. P. 1
parte Morgan, 23 L. T. 605 ; 35 J. P. 37.
Notice of appeal.] When an appeal is competent thenotioec
must be served on at least two of the justices who joined Inthet
R. V. Cheshire J J., 11 A. & E. 139. And service on the cleri
justices is not sufficient : Ex parte Curtis, Cwrtis v. Bun^ S <
13 ; 41 J. P. 87 ; 37 L. T. 533 ; 47 L. J. M. 0. 35 ; 26 W. R. 2
service on the justice may be either personal or at his dweUin(
R. V. North Riding JJ., 7 Q. B. 154 ; 14 L. J. M. C. 91.
As to costs of appeal, see section 29 and notes.
If the justices are equally divided, see notes to sectioii
p. 190.
Statement of case by justices.] No case could formerlj be i
licensing justices under 20 & 21 Vict. c. 43, as regards grantiii
fusing a license : West v. Potts, 34 J. P. 760 ; Oarretty t. Pot
6 Q. B. 88»; 40 L. J. M. C. 1 ; 23L. T. 654; 19 W. R. 127;
168. But if an appeal be taken to quarter sessions, the latt
can always state a case for the opinion of the High Court, i
the person aggrieved seems entitled to demand from licensiiig |
case for the opinion of the High Court on any point of law :
Vict. c. 49, ss. 33, 50 ; 47 & 48 Vict. c. 43, s. 7.
As all the convictions for offences relating to the keefnng ol
houses will now take place under the Licensing Act, 1872, andu
of that Act provides an appeal, that section and the Snmmarj <
tion Acts, 1879 and 1882, 42 & 43 Vict. c. 49, s. 19, and 47 K
c. 43, will govern the procedure in respect of such appeds.
9 GEO. 4, 0. 61, s. 29. 213
ave given notice of his intention to appeal as aforesaid, Appndx.
ave entered into recognizance as hereinbefore directed, .
lawful for the justice before whom such recognizance
been entered into to summon any person whose evi-
appear to him to be material, ana to require such
e bound in recognizance to appear at the said general
sessions, and to give evidence on such appeal ; and in
ch person as amresaid shall neglect or refuse to obey
ions, or shall refuse to enter into such recognizance,
lawful for such justice as aforesaid to issue his warrant
id such person so neglecting or refusing to obey such
md to bring him before such justice, and if such person
lue to refuse to enter into such recognizance, to commit
common gaol or house of correction of the county or
hich such justice shall be then acting, there to remain
jU enter into such recognizance, or shall be otherwise
by due course of law.
i/rt to adjudge costs in certain cases.] And be it
cted, that in everjr case where notice of appeal against
nt of any justice m or concerning the execution of this
ave been given, and such appeal ehall have been dis-
;he judgment so appealed against shall have been con-
such appeal shall have been abandoned, it shall be
;he court to whom such appeal shall have been made
. to be made, and such court is hereby required, to
i order that the party so having appealed, or given
8 intention to appeal, shall pay to the justice to whom
shall have been given, or to whomsoever he shall
ch sum by way of costs as shall in the opinion of such
Mdent to indemnify such justice from all cost and
tsoever to which such justice may have been put in
e of his having had served upon him notice of the
f such party to appeal ; and if such party shall refuse
forthwith to pay such sum, it shall be lawful for the
to adjudge and order that the party so refusing or
shall be committed to the common gaol or house of
there to remain until such sum be paid ; and that in
in which the judgment so appealed against shall be
ahall be lawful for such court, if it shall think fit, to
d order that the treasurer of the county or place in and
ach justice whose judgment shall have been so reversed
s appeal against the refusal to renew a license or certificate,
Eleyenue may grant a temporary license : Licensing Act,
63.
214 LICENSING ACT, 1828, s. 29.
Appndz. s^^ have acted on the occasion when he shall have §^vet|
— judgment shall pay to such justice, or to whomsoever ke_
appoint, such sum as shcdl in the opinion of such cooit bei
to indemnify such justice from all costs and charges ir]
to which such justice may have been so put ; and tbe
tieasurer is hereby authorised to pay the same, which bUIi
allowed to him in his accounts.(a)
(a) Payment of costx at quarter sesHoruJ] The costs awuMl
paid by courts of quarter sessions are now directed to be pii^^J
clerk of the peace, who is to pay them over to the party
12 & 13 Vict. c. 46, s. 5 ; 11 & 12 Vict. c. 43, s. 27 ; Gay t.
4 B. & S. 440 ; 33 L. J. M. C. 14 ; 8 L. T. 674 ; 11 W. R.
J. P. 247 ; R. V. Devonport JJ., 33 J. P. 614. But an order(
the costs to be paid to the party would not be bad : i2. y. Bi
E. & B. 810 ; 22 L. J. M. C. 127 ; i2. v. Ely JJ., 5 E. &B. 484;
L. J. M. C. 1.
In municipal boroughs having no separate court of qnarieri
but a separate commiHsion of the peace, the costs are to be paid to
treasurer of the county and not of the borough : Winn v. JfMli
L. R. 4 Exch. 292 ; 38 L. J. Exch. 200 ; 33 J. P. 743 ; 20 L.TJ
If not paid, then on a certificate of the clerk of the peace a wi
distress shall be issued : 11 & 12 Vict. c. 43, s. 27 ; or upon a
copy of the order of quarter sessions, such order may be removill
the High Court and enforced like a rule of that court : 12 ft IS ""
c. 45, s. 18.
The court of quarter sessions have power to gire costs agaiMt
licensing justices if their decision is reversed : R, t. Dewufi
J. P. 614. But if the justices do not appear the High Court
quash that part of the order : R, v. Davidson, 24 L. J. 22 ; 35 J. P. I
R. V. Goodall, L. R. 9 Q. B. 557 ; 38 J. P. 616. But quarter M
may also under the above section 29, make an order to indemoifr Ai
justices whose decision is reversed. The court may g^ve coiti m tt
appeal though they have no jurisdiction to hear the ajq^: A%
Padwick, 8 E. & B. 704.
The court of quarter sessions, independently of theaboTe29ChMflti|%
may give costs in all cases before them, the Act 12 & IS Vktttt
s. 5, being a cumulative remedy in that respect : R, t. •fl**'^^
E. & B. 172 ; 23 L. J. M. C. 106. And the court may haTe a itoiM
order about costs following the event which they may oompetHll^i"
upon: Freeman v. Read, 9 C. B. (x.S.) 301 ; 30 L. J. ILCUt
9W. R. 141. ^_
Though the costs should not be fixed before the close of the ■■*}'
R. V. Long, 1 Q. B. 740 ; R. v. Hants JJ., 33 L. J. M. C. 4« ; Tifcl
391 ; 11 W. R. 122, the opposite party may consent, or if ha iMV;
taxation he waives objections : Freeman v. Read^ 9 C. B. QlA)Mt
mpra; R, v. Mortlock, 9 Q. B. 459 ; Ex parte Wathim, 6 uX^lii;
10 W. R. 249. Or if the costs are taxed before or at an a^ juM l ^
this will be sufficient : R. v. HaTUs, 33 L. J. li. 0. 101, 9^*
Raumsley r, Hutchinson, 35 J. P. 501 ; L. B. 6 Q. B. 80ft.
9 GEO 4, c. 61, s. 35. 215
ions against justices, dc,] And be it farther en- Appndz.
every action against any justice, constable, or other
ir on account of any matter or thing whatsoever done
led by him in the execution of his duty or office under
tail be commenced within three calendar months after
r action or complaint shall have arisen, and not after-
l if any person shaU be sued for any matter or thing
lall have done in the execution of this Act, he may
general issue, and give the special matter in evi-
Lviction to be on oath of witnesses. Repealed by Licensing
See Schedule.
m of conviction. Repealed by Licensing Act, 1872.
le.
ivictions to be returned to the quarter sessions, and
)rd. Repealed by Licensing Act, 1872. See Schedule.
it of certiara/ri not to be allowed. Repealed by Licensing
See Schedule, and section 54
n/mencement of this Act.] And be it further enacted,
.ct shaU commence on the tenth day of October next
e passing thereof ; and that from and after the com-
; of this Act the Acts 5 & 6 Ed. 6, c 25 ; 1 Jac. 1, c. 9 ;
. 4 and 5 ; 7 Jac. 1, c. 10 ; part of 21 Jac. 1, c. 7 ;
7; 3 Car. 1, c. 3; 9 Geo. 2, c. 23, ss. 14, 15, 20; 24
O, 8.24; 26 Geo. 2, c. 13, s. 12; 26 Geo. 2, c. 31; 28
9, s. 2; 29 Geo. 2, c. 12, ss. 23, 24; 30 Geo. 2, c. 24,
JO. 3, c. 46, ss. 20, 21, 22 ; 32 Geo. 3, c. 59 ; 38 Geo. 3,
; 39 Geo. 3, c. 86; 48 Geo. 3, c 143, ss. 7, 10; .4Geo. 4,
1— 6, shall be and the same are hereby repealed.(c)
incurred by the quarter sessions or the justices oat of session
and all costs incurred by any justice, police officer, or
1 defending any legal proceedings taken against him in
ny order made or act done in the execution of his duty as
, poUce officer, or constable shall, to such amount as may be
ry the standing committee of the county council and quarter
1 so far as they are not otherwise provided for, be paid out
y fond of the county, and the council of the county shall
Bach payment accordingly ; 51 & 52 Vict. c. 41, s. 66.
bis Act and these last sections have now nothing to do with
or orders, this section seems superfluous,
section was repealed by 36 & 37 Vict. c. 91, Schedule, bat
eference to the series of Acts.
216 LICENSING ACT, 1828, s. 37.
Appndx. 36. ^ct not to affect the two universities ; nor to fl
time of licensing in London; — nor any la/w of eajcwe;-
to prohibit the sale of beer at fairs in certain ecu
Provided always, and be it further enacted, that nothing iB
Act contained shall extend to alter or in any manner to i
any of the rights or privileges of the universities of Oxfo
Cambridge, or the powers of the chancellors or vice-chanodl
the same, as by law possessed under the respective charters
said universities or otherwise ; or the master, wardens, fee
and commonalty of the vintners of the city of London, but
extend to those freemen of the said company of vintner
have obtained the same by redemption only; nor to alt
time of granting licenses for keeping inns in the city of Lo
Provided also, that nothing in this Act contained eiiall alt
law relating to the revenue of excise, except so far as the 8
hereby expressly altered and otherwise provided for ; nor 1
hibit any person from, selling beer in booths or other pi
the time and within the limits of the ground or place in a
which is holden any lawful fair in like manner as such
was authorised to do before the passing of this Act(a)
37. Bules for the interpretation of this Acti] A
order to remove doubts as to the meaning of certain words
Act, be it enacted, that the word "justice" shall bedeei
mean justice of the peace ; and that the words " treasurer
county or place" shall be deemed to include any officer ae
such capacity, or charged with the receipt and expendit
moneys from and out of which the cost of public pro8e<
have been usually defrayed ; that the words " peace officer
be deemed to include any petty constable, tithingman,
borough, beadle, or bailiff ; that the words " parish officer
be deemed to include any churchwarden, chapelwarden, oi
seer of the poor ; and that the said words " justice,** " treas
the county or place," " peace officer," " parish officer," a:
words " high constable," and the words " petty constable,** a
words " overseer of the poor," and the words " clerk of jui
shall each be deemed to include any person acting as sac
any number of justices, treasurers, peace officers, parish c
high constables, petty constables, overseers of the poor, and
of justices ; and that the word "person " and the word "]
shtdl be deemed to include any number of persons and p
and that the meaning of the aforesaid several words shall
restricted although the same may be subsequently refenec
(a) As to selling at fairs, see now Licensing Act, 1874, sed
ante, p. 143.
1 WILL., 4 c. 64. 217
Bingolar number and masculine gender only ; and that the Appndz^
(4 ** notice" and the word " license, and the word "adjourn- —
^^ and the word " day," and the word " time," and the wonl
WUBe,** and the word " place," shall each be deemed to include
iy number of notices, licenses, adjournments, days, times,
^ttCBj or places ; and that the word " county," and the words
*nui^ or place," shall be deemed severally to include any
Wj, riding, division of the county of Lincoln, hundred, divi-
h of a county, liberty, division of a lil>ert}', county of a city,
^ ^of a town, city, cinque port, or town corporate ; and the
" division or place," shall be deemed to include any divi-
^ola county or riding, liberty, division of a liberty, county of
fftf, county of a town, city, cinque port, or town corporate ; and
rtue words " parish or place " shall be deemed to mclude any
pnaihip^ hamlet, tithing, viU, extra-parochial place, or any
m maintaining its own poor ; and that the worn " inn " shall
! deemed to include any inn, alehouse, or victualling-house ;
d that the words " inn, alehouse, or victualling-house " shall be
■ned to include all houses in which shall be sold by retail any
eisable liquor to be drunk or consumed on the premises ; and
It the words " excisable liquor " shall be deemed to include any
if beer, or other fermented malt liquor, sweets, cider, perry,
Jie, or other spirituous liq uor which now is or hereafter may be
■Ked with duty either by customs or excise ; and that the
■d "penalty " shall be deemed to include any fine, penalty, or
cfeitare of a pecuniary nature ; and that the meaning of the
id aeveral words shall not be restricted, although the same may
nlttequently referred to in the singular number only.
1 Will. 4, Cap. 64.
y ACT to permit the general Sale of Beer and Cider by Retail in
hgkmd. [23rd July, 1830.]
iU persons licensed under this Act may sell beer by
WJ.] Whereas it is expedient, for the better supplying the
bHc with beer in England, to give greater facilities ior the sale
mof than are at present afforded by licenses to keepers of inns,
hoiueB, and victualling-houses : Be it therefore enacted by the
Dg^B most excellent Majesty, by and with the advice and con-
t <rf the Lords spiritual and temporal and Commons, in this
sent Parliament assembled, and by the authority of the same,
t from and after the tenth day of October, one thousand eight
idled and thirty, it shall and may be lawful for any and every
son, who shall obtain a license for that purpose imder the pro-
ai8
part (
lioenac
licc)
BBEEHODSB ACT, IbiiUj S. ^.
of this Act, to seU beer, ale, and porter b?.?^'
of England, in any house or premwes aP*™*^
ioenae ; anything in any Act or Acts heretofore """^r
Kt the time of the passing of this Act, to the contrary m
iiotwithBttuidiiig.(a)
Parties dcsintm of retailing beer shaU W* '
^e —III London Uconses shall he ?'''»"f**^ jL
vtUsioncrs 0/ excise, dc. — Elsewhere in -^.^""jj,
eollocton~aui sujuyrvisors 0/ excise — No '"^"^ gj
granted to a~^. "■« officer or mii-househMf^
of licenses— Lici>,.. " be prodiuxd for the ii^
magistrates.] It shuli . *fcl Jm ever>- an.i any P*^
a householder (other thrui ui
after apeeifllly cxceptmi), who sU^
ale, and porter, by retail uudiir thi' )
for and to obtiuu nn evcise licen^i^ dir ilmi
application for such licenno IhnK hIiiiH I11' oyw
inserted the Christian nnnie lunl Huriiniiii' of
for such license, oiul a descri|)liuii of tlii' hi>
which beer, ale, and porter is iIlll'Illil^l lo l>i
such person ; and any and every awh lii'in-
taken out within the limits ol thu cliief ullU't' <•
shall be gronteil under tliu hands and senU 1
conHaiasionera of ciciae fur the timi.' lii'inj;, 1
ihey the aaid commisaioncia of i'xuint', or llit'
for the time being shall from tiiiic to tiinti .
direct for that purpose ; and miy (iml vvfr
shall he taken out in any i"iit -f [■'•i-'h-H'
limits shall be granted uudi'viln' !■ ;. . 1 n . 1
several coUectom ttud supervK"!
oollectioiiB and districts ;(li) ^tu<i . :
on the day when tlie wmic .-'i ■ > ■ 1 n.i.
license shall he duly i'<':^i '' I ' ' < |'i'i|i'
excise : Provided ul" I ■ \'i ■■ ■ ...1 liu'
entitle the party !ii' ■ 1 : . ■ 'uv Ir
wine or apirits, aujiln h .' ni .im\ .\ . i ■■!■ Ai-Ip
«ontniry thereof notwiilisijiiuliiii; ; and lUni
be grmiled to any person being a shtiill ',■• 1^
(a) This is the lir«t of the serii'n of ll.vrln.ii-,
Bre 4 & 6 Will. 4, 0. 66 ; 3 & 4 Vict, c, lil : WA
Vict. c. 6 ; 46 Ji 46 Vict, c S4.
(ft) Purt of thin Bflction is repniicd by 'M f; ;l;l \]
jjuft, as reeards the eKciie lioennc, and ulljur |jiir
c VI, Scheanle, which parts ire hero otaittcd.
MM
Rum
1 WILL. 4, 0. 64, s. 6. 21fl
al proceBs of any court of justice ; and that auy license Aflpndz.
lY such person shall be void to all intents and pur-
list or roister of every license so granted, specifying
d place (3 abode of every person licensed, and the
ascription of the house mentioned in such license,
»t at the excise office with respect to all licenses
le commissioners of excise or any person authorised
. at the office or dwelling-house of every collector and
' excise in their and his respective collections and
i such list or register shall at all times be produced
)e open to the inspection and perusal of any magis-
3unty or place where such license shall be granted
ch house shall be situate ; and a copy of such list
all once in every calendar month be transmitted by
»llector or supervisor to the clerk of the magistrate
^ in which such license shall be granted ; and any
tract from such list or register, which shall or may
e required by the clerk to the magistrates, shall be
L by such collector or supervisor, whenever thereto
e duty shall he under the management of the
rs of excise t and carried to the consolidated
leqniring license shall enter into a bond, with
payment of penalties. Repealed by 30 & 31 Vict.
K>n licensed to sell beer shall be competent to be a
oM by 30 & 31 Vict. c. 90, s. 13.
I licensed to retail beer shall put up descriptive
\aUd by Licensing Act, 1872. See Schedule and
jtion has also been greatly qaalified by the later statutes
valuation qualification ; see 3 & 4 Vict. c. 61, s. 2, and
, 1872, sections 46, 47.
license was obtained under this Act by the fraud of a
jwwheld to be not Fold : R. v. MimTiall, 1 N. & M. 277.
bird party carried on the business, using the name of the
, this was held not a void license or fraudulent : Brooker
k Ad. 1062 ; Meux v. Humphries, 1 N. & M. 132.
expiration of licenses was altered to 10th October, by
^ 91, 8. 14, post.
220 BEEEHOUSE ACT, 1830, S. 10.
Appndx. 7, No person shall sell beer after expiration of hU I
— License may be renewed yearly — Penalty on selUng
out license, 20Z.] And be it further enacted that no penoi
sell any beer by retail under the provisions of this Act (
time after the expiration of any license granted under lit
nor in any house or place not specified in such license : Pp
always, that it shall be lawful for any person so licensed t
out a fresh retail license for the selling beer by retail bef(
expiration of any former retail license, and so from year to
and if any person not being duly licensed to sell beer
keeper of a common inn, alehouse, or victualling-house, sh
any beer by retail without having an excise retail license i]
authorising such person so to do, or after the expiration
such license, or without renewing such license in mannei
said, or in any house or place not specified in such licens
any such person so licensed shall deal in or retail any i
spirits, every such person so offending shall for eve^ such
forfeit and lose the sum of twenty pounds. [See Licensu
1872, section 3 and section 59. Also Licensing Act,
section 53.]
8. SiLch penalty may be recovered as other excise
ties,] (a)
9. Powers of Excise Act, 7 d S Geo. 4, c. S
extended to this Act,] (b)
10. Proviso for partners — License shall not exi
any other house,] Provided always, and be it farther «
that persons trading in partnership, and in one house or p
only, shall not be obliged to take out more than one licenft
one year, for selling any beer by retail under the provii
this Act : Provided also, that no one license which fi
granted by virtue of this Act shall authorise and empov
person or persons to sell any beer, ale, or porter under the
sions of this Act, in any house or place other than tb
mentioned in such license for selling beer, ale, and po
retail under the provisions of this Act, and in respect y
such license shall oe granted.
(a) See also 42 & 48 Vict. c. 49, as. 32, 53.
(b) See also 6 Geo. 4, c. 81, ss. 25, 28, 32, as to legal prooeeding
Geo. 4, c. 53, ss. 3, 61, 70, 84, 128; 4 & 5 Will. 4, c. 61, n.
42 & 43 Vict. c. 49 ; 47 & 48 Vict. c. 43.
1 WILL 4, c. 64, s. 23. 221
X. Houses to be closed by order of justices in cases of riot, Apj^adx.
Bepedled by Licensing Act, 1872. See Schedule, and
ion 2a
2. Standard measures to be used. Repealed by Licensing Act,
2. See Schedule, and section 8.
3. Penalty on retailers permitting drunkenness, &c, in their
966. BqpeaUd by Licensing Act, 1872. See Schedule, and
Umia
Am Retailers' houses shall not be open before four in the
Hing^ nor after ten in the evening ; nor on Sundays between
lad 1, or 3 and 5 in the day. Repealed by 3 & 4 Vict
l,a.l4.
S» Penalties recoverable before two justices in petty sessions,
lin three months after offence committed. Repealed by
suing Act, 1872. See Schedule.
^ Appeal to the quarter sessions. Repealed by Licensing Act,
2. See Schedule, and section 52.
.7. Court to adjudge costs of appeal in certain cases. Repealed
Licensing Act, 1872. See Schedule.
B» Proceedings at the session in certain cases to be carried on
ihe petty constable. Repealed by Licensing Act, 1872. See
edole.
9. In default of payment of penalties, proceedings may be had
0^ the sureties. Repealed by Licensing Act, 1872. See
adnle.
0* Penalty on witnesses not attending. i2^6a^ by Licensing
. 1872. See Schedule.
L Penalties may be levied by distress. iJepea^ei by Licensing
1872. See Schedule.
8. Application of penalties. Repealed by Licensing Act, 1872.
Sehedule, and sections 55, 56, 57. ^
3. If justices of liberties, dc, do not attend at sessions^
OQWfity justices may act,\ (c)
) See 9 Oeo. 4, c. 61, s. 7, which is identical.
BEBBHOUSB ACT, 1830, S. 30.
Appndx. 24. Powers hereby given to jttsUces of counUeiWi\
extend to the cinque ports,"] {a)
25. Form of conviction. Repealed by Licenaing Ad^
See Schedule.
26. Conyictions to be returned to the quarter sessioni^
filed of record. Repealed by licensing Act, 1872. See
27- Writ of certiorari not to be allowed. Repetdedhj
Act, 1872. See Schedule, and section 54.
28. Actions against justices, dtc] (b)
29. Act not to affect the two universities nor
Vintners Company in London ; — not to prohibit the soli
beer at fairs as heretofore,] (c)
30. Licenses to retail cider and perry may be ^
under the regulations of this Act, on payment of It
duty — Provisions and penalties of this Act with mpMli
the sale of beer to apply to the sale of cider and _
Persons licensed to retail beer may also retail cQer
perry,] And whereas it is expedient that the sale of dder
perry by retail should be licensed in like manner and ahooU
subject to the like regulations as the sale of beer : Be iti
enacted, that from and after the tenth day of Octobei^
thousand eight hundred and thirty, it shall be lawM fiif
person desirous of selling cider and perry by retail to ap^i
and to obtain an excise license for that purpose, under toe fli
regulations in all respects (except as hereinafter is otl
provided) as are in this Act prescribed and contsdned with
to persons desirous of selling beer, ale, and porter by retail^ i
of being licensed for that purpose ; and that all the clanaei) Nfl
tions, and provisions in this Act contained relatins to the
of beer by retail, and to the licenses for selling me samei i
to the sureties for the parties licensed, and to the conduct wttlj
parties licensed, and to all other matters whatever
(a) See notes to 9 Geo. 4, c. 61, as. 1, 8.
(ft) See note to 9 Geo. 4, c. 61, s. 30.
(&) See 9 Geo. 4, c. 61, s. 36, which is identical ; see also
Act, 1872, section 72.
See R, Y. Archdall, 8 A. & E. 281 ; Huxham j Wheeler, S H.l(<
76. As to fairs and races, see Licensing Act, 1874, sectioii 18 ; iki]
25 & 26 Vict, c 22, s. 12 ; 26 & 27 Vict. c. 33, s. 21 ; 271k » Vi*i
c. 18, 8. 5.
1 WILL. 4, 0. 64, s. 31. 22a
Bdling of beer by retail, and the retailers thereof, and the Appndx..
ises for the same, and the houses where the same are sold, —
the penalties against the parties licensed, shall be taken and
ned to be applicable to the sale of cider and \yeTTj by retail,
to licences for the same, and to the sellers of cider and perry
letail, as if cider and perry, and the retailers thereof, were
resaly mentioned and specified in and throughout this Act :
ivided always, that the person receiving a license for selling
ar or perry by retail shall pay for such license a duty of one
tnd one shilling, and no more, instead of the duty of two
DkU two shillings hereinbefore mentioned, and which said
7 of one pound one shilling shall be applied in like manner
the said duty of two pounds two shillings is hereinbefore
Beted to be applied ; and every such license shall be according
be form in tne schedule annexed to this Act : Provided also,
t any person licensed under this Act to sell beer by retail may
also cider and perry by retail without receiving a separate
use for that purpose ; but that no person licensed to sell cider
rry by retail, and paying for such license, as herein pro-
per
scLt
the sum of one pound and one shilling, shall be at liberty
beer by retaiL((Q
CL Covenants against Jumses, dCy being used as publiC'
'468 to extend to persons licensed under this Act.'] Pro-
sd always, and be it enacted, that any and every covenant or
He of restriction contained in any lease or contract between
landlord and tenant, whereby the trade or business of a
nailer or publican is prohibited from being carried on in any
ae, building, or place mentioned or comprised in such lease or
tcact, or whereby any such house, building, or place is pro-
itod from being used as a public-house, or alehouse, shall
\f and extend, and shall be construed to apply and extend,
wery person who shall be licensed to sell beer, ale, or porter,
ader or perry, under the provisions of this Act, and to any
I every house specified and mentioned in the license granted to
h. pei8ons.(e)
I) This section is repealed so far as it incorporates any repealed
Btment : Licensing Act, 1872. See Schedule and 3 & 4 Vict. c. 61,
9) Yarions decisions have been given as to how far covenants of
I deKription affect some of the new licenses ; see London and North
Item Railway Company v. Qarnett, 39 L. J. Ch. 25; L. R. 9 Eq. 26 j
PT. R. 246 ; 21 L. T. 352; Pease v. Coates, 36 L. J. Ch. 67; L. R. 2 Eq.
; 80 J. P. 819 ; 14 L. T. 886 ; Fielden v. Slater, L. R. 7 Eq. 523 ;
L. J. Ch. 379 ; 20 L. T. 485 ; 17 W. R. 485 ; Wilson v. HaH,
EL 1 Ch. 463 ; Jones v. Bone, L. R. 9 Eq. 674 ; 39 L. J. Ch. 405 ;
L T. 304 ; 18 W. R. 489 ; 34 J. P. 468.
224
BEEEHOUSB ACT, 1830,. S. 32.
da^"
Appndz. 32, Bules for the interpretation of thds Act.] And in
— to remove doubts as to the meaning of certain words in
Act, be it enacted, that the word "justice " shall be d
mean justice of the peace ; and that the word "person*' and
word " party" shall be deemed to include any number of
and parties ; and that the word " license," and the word " d
the word "time," and the word "house," and the word "placej^
each be deemed to include any number of licenses, oaysj
houses, or places ; and that the word " beer " shall in aU c
deemed to include beer, ale, and porter ; and that the word *ei
shall in all cases be deemed to include cider and perry ; and
the word "county" and the words "county or place'' shall
deemed severally to include any county, riding, division of
county of Lincoln, hundred, division of a county, liberty, divi
of a liberty, county of a city, county of a town, city, cinque
As to a coycnant not to use the next house as an eatins 1
Xemp V. Bird, 6 Ch. D. 974 ; 46 L. J. Ch. 828 ; 25 W. B.
42 »J. P. 36 ; not to keep a beerhouse within a certain
Mmfflet V. Cole, L. R. 8 Ex. 32 ; 42 L. J. Ex. 8 ; 21 W. B.
Thomas v. Hay ward, L. R. 4 Ex. 311 ; 38 L. J. Exch. 175.
not to keep a beershop on the land is broken by an off-beer
Bishop of St. Albans v. Battershy, 3 Q. B. D. 359 ; 47 L. J. Q. E
26 W. R. 678 ; 38 L. T. 685 ; 42 J. P. 581 ; Londm and Mi
Company v. Field, 16 Ch. D. 645 ; 58 L. J. Ch. 549 ; 44 L. T.
Covenant not to carry on public house is not broken by grocen
off license : Jojies t. Bone, L. li. 9 Eq. 674 ; 39 L. J. Ch. 405 ;
304 ; 18 W. R. 489 ; covenant not to build any house except
prevents a public house: Hall v. Box, 18 W. R. 820.
A covenant to deposit every underlease with the ground
sohcitor to be registered, was held to be not a usual covenant:
V. Drysdale, 3 C. T. D. 52 ; 37 L. T. 467 ; 26 W. R. 331. See
V. Daniel, 46 L. T. 684 ; 30 W. R. 801.
A covenant not to use &s a public-house runs with the land:
V. Williams, L. R. 9 Ex. 678 ; 23 L. T. 183 ; 18 W. R. 593 ; 3IL
Ch. 560 : Nicoll v. Fcnjiing, 19 Ch. D. 258 ; 45 L. T. 738 ; 61 L
Ch. 166. A covenant to take beer from brewer means maifali
beer, and binds assigns having notice : lAiker v. Dennis^ 7 Ch. D. tf
37 L. T. (N.S.) 827 ; 47 L. J. Ch. 174 ; 26 W. R. 167 ; ffoUi,
16 Ch. D. 718 ; 44 L. T. 214 ; 45 J. P. 456. And a jmttf
may be bound without express notice : Wilson v. Harty L. R* 1
463 ; 35 L. J. Ch. 569 ; 14 L. T. 499 ; 14 W. R. 748 ; 29 J. PJ
Thomewall v. Johnson, 50 L. J. Ch. 641 ; 44 L. T. 768 ; 29 W. R
Pafmun v. Harland, 17 Ch. D. 353 ; 44 L. T. 728 ; 29 W. B. 7W.
As to enforcing such covenants : Richards v. Bevett, 7 Ch. J). ^
44 L. J Ch. 472 ; 26 W. R. 166 ; 37 L. T. 632 ; Ihite ?. GMli
11 Ch. D. 273 ; 48 L. J. Ch. 397 ; 40 L. T. 251 ; 27 W. R 394.
As to brewer holding lease as security: Baunj, CUy*fif '
Brewery y L. R. 8 Eq. 155 ; Menzies v. Ligktfoot^ L. B. 11 £(). 461
4 & 5 WILL, 4, 0, 85, s, !• 225
corporate ; and the words ^'division or place '' shall be Appndx.
to inclnde any division of a county or riding, liberty, —
of a liberty, county of a city, county of a town, city,
x)rt, or town corporate ; and that the wortls " parish or
hall be deemed to include any township, hamlet, tithing,
ta-parochial place, or any place maintaining its own poor;
; the word " penalty " shall be deemed to include any
lalty, or forfeiture of a pecuniary nature ; and that the
; of the several words in this Act shall not be restricted,
1 the same may be subsequently referred to in the singular
or masculine gender only.
4 & 5 Will. 4, Cap. 85.
T to a/mend an Act passed in the first year of His present
Aegtyy to permit the general Sale of Beei' and Cider hy retail
England. [15th August, 1834.]
ill. 4, c. 64 — Licenses to be granted for sale of beer,
vuthorise consumption thereof on tJie premises unless
I upon certificate.'] Whereas much evil has arisen from
lagement and conduct of houses in which beer and cider is
retail under the provisions of an Act passed in the first year
eign of His present Majesty, intituled " An Act to permit
eial Sale of Beer and Cider by retail in England," and it
lient to amend the provisions of the said Act in certain
Lars : Be it therefore enacted by the King's most excellent
\ by and with the advice and consent of the Lords spiritual
iporal, and Commons, in this present Parliament assembled.
renant not to do any act affecting the license is not broken
ly a conviction not recorded : Wooler v. K/wtt, 1 Exch. D. 265 ;
Ex. 884 ; 35 L. T. 121 ; 24 W. R. 1004 ; 40 J. P. 788 ; nor
ST going to sea : Moore v. Robinson, 48 L. J. (2. B. 156 ; 40
; 28 W. R. 312. This covenant is not implied in a parole
pablic-house : Maw v. Hindmarsh, 28 L. T. 644.
Elcense exists, tenant's covenant can only be to do his best to get
Shepheard v. Walker, 34 L. T. 30.
ivenant may be enforced by assignees of the reversion : Meet-
Bull, 23 Q. B. D. 35.
a covenant to take all the beer used from the brewer, see
r. Turbill, 3 Camp. 286 ; Stanoliffe v. Clarke, 7 Ex. 439 ;
T(fwle, L. R. 4 Ch. 654 ; 38 L. J. Ch. 665 ; 21 L. T. 188 ;
i. 662 ; 33 J. P. 659 ; Edwick v. Hawkes, 18 Ch. D. 199 ;
Ch. 577 ; 45 L. T. 168 ; Hanhury v. Cundy, 58 L. T. 155.
226 BEEBHOUSE ACT, 1834, s. 5.
Appndx. and by the authority of the same, that from and after titej
— mencement of this Act it shall be lawful for the commiaac
of excise or other persons duly authorised, to crant UooM
the sale of beer, ale, porter, cider, or perry, under the piofi
of the said recited Act, to any person applying for the nme
that such license shall not authorise the person obtaining it ti
beer or cider to be drunk or consumed in the house or on
premises specified in the same license, unless the same be gn
upon the certificate hereinafter required.
2. Every person applying for a license to sell beer 1
drunk on tne premises to deposit with the commissioners of c
a certificate of good character, signed by six rated inhabitai
the parish, &c., and certified by one of the overseers. Bq
by 32 & 33 Vict. c. 27, Schedule.
3. Penalty on overseer refusing to certify as required. Bq
by 32 & 33 Vict. c. 27, Schedule.(a)
4. Permitting drinking beer in a neighbouring house or i
shed, &c., with intent to evade, &c. Repealed by Licensiii£
1872. See Schedule.
5. To tvhat persons provisions for billeting soldim i
Mutiny Act sJiall extend,] (b)
(a) Under thi^ section the overseer had a discretion as to certii
R. V. Knmngton, 12 Q. B. 654 ; 17 L. J. Q. B. 332 ; bat M
Withyh^m, 2 C. L. R. 1657.
(() Billeting soldiers,'] The law as to billeting soldien onli)
houses was finally settled by the Army Act, 1881, 44 & 45 Vict
which is renewed from year to year. The constable is, by sectio
to make out an annual list of the victualling and other houses
open to inspection, and subject to being amended on complftiii
court of snmmaiy jurisdiction. By section 103 the consUble
request, to give the billets, and the houses are described as foDow
104. Liability to provide billets (1).] The provisions of tin
of this Act with respect to victnaUing-houses shidl extend to il
hotels, livery stables, or alehouses, also to the houses or sellers o
by retail, whether British or foreign, to be drunk in their own
or places thereunto belonging, and to all houses of persons i
brandy, spirits, strong waters, cider, or metheglin by retail; ii
occupier of a victualling-house, inn, hotel, hvery stable, alehouse,'
such house as aforesaid, shall be subject to billets under this Ai
is in this Act included under the expression ^* keeper of a fkta
4 & 5 WILL, 4, c. 85, 8. 6. 227
•« Justices of the peace to regnlate the times of opening and Appndz.
tug houses. Bepealed by 3 & 4 Vict, c 61, s. 14.
K,** And the inn, hotel, house, stables, and premises of snch occnpier
in this Act included under the expression ** victualling-house."
Provided that an officer or soldier shall not be billeted —
iw) In any private house ; nor
k) In any canteen held or occupied under the authority of a secre-
tary of state ; nor
r.) On persons who keep taverns only, being vintners of the city of
London admitted to their freedom of the said company in
right of patrimony or apprenticeship, notwithstanding the
persons who keep such taverns have taken out licenses for the
sale of any intoxicating liquor ; nor
I.) In the house of any distiller kept for distilling brandy and
strong waters, so as such distiller does not permit tippling in
such house; nor
9.) In the house of any shopkeeper whose principal dealing is more
in other goods and merchandise than in brandy and strong
waters, so as such shopkeeper does not permit tippling in such
house; nor
/.) In a house of a person licensed only to sell beer or cider not to
be consumed on the premises ; nor
f.) In the house or residence of any foreign consul duly accredited
as such.
«eti<nis 105 — 108 deal further with obligations and remedies of
ued victuallers as to billeting.
10. OffeTices by Jteepers of victualling -housesJ] If a keeper of a
■ailing-house commits any of the offences following; that is to
I) Befnses or neglects to receive any officer, soldier, or horse billeted
upon him in pursuance of this Act, or to furnish such accom-
im)dation as is required by this Act ; or
S) Gives or agrees to give any money or reward to a constable to
excuse or relieve him from being entered in a list as liable, or
from his liability to billets, or any part of such liability ; or
I) Gives or agrees to give any officer or soldier billeted upon him
in pursuance of this Act any money or reward in lieu of re-
ceiving an officer, soldier, or horse, or furnishing the said
accommodation ;
AaU, on summary conviction, be liable to a fine of not less than
7 ihOHngs and not exceeding five pounds.
IkS same Act of 1881 and a later Act define the extent of accommo-
ionto be furnished by the keepers of licensed houses, and the rate of
■MOt, and the mode of its recovery.
q2
528 BBBEHOUSB ACT, 1834, 8. 15.
ILppndz. 7, Empowering constables, &c, to vigit licensed
pealed by Licensing Act, 1872. See Schednki
8. Penalty for making or using false certificates RtfM
32 & 33 Vict. c. 27, Schedule.
9. No license for beer to be drunk on the pieiiiiMli
granted without a certificate. Repealed by 32 & 83 YkL t
§chedule.(a)
10. Retailers compellable to produce their licenses on fe|i
tion of two magistrates. Bepecued by Licensing Act^ 1871 I
Schedule.
11. The powers, provisions, and penalties of 1 Will
c. 64, to apply to persons licensed wider this Act^ &d
their sureties, dcJ] This is repealed so fieu* as incoipoalaf
pealed enactments. Licensing Act, 1872. See Schedme.
12. Becited Act to continue in force^ except as fai
altered.] And be it enacted, that all the provisions of thi i
recited Act shall be deemed and taken to be in fiill icm i
and except where the same are altered by this Act ; and IM
much of the said Act as relates to the interpretation ci otA
words therein mentioned shall be applied to tne inteipielatioi
the same words where used in this Act
13. Duties on beer licenses under 1 Will. 4, e. 64,
pealed, arid new duties granted in Ueu thereof.] (6)
14. Su>ch duties to be under the management of
sioners of excise, aTtd to be recovered and aceomUd
under the provisions of recited Act,]
15. Not to affect duty on licenses to retail cUm
perry; but such licenses to state particulars.] Pioi
always, and be it further enacted, that nothing herein conti
shall affect, or be deemed or construed to affect^ the arnoo
{a) Under this Hcction no certiorari lay to qnash a liocnn gn
without certificate : R, v. Salford, 18 Q. B. D. 687. Nor wil
license void merely for want of the certificate : Thaw^^mm t. Hm%
H. & N. 254 ; 28 L. J. M. C. 163 ; 23 J. P. 150.
(h) The duties on beer licenses are now set forth in 43 4 41
c. 20, 8. il,post.
4 & 6 WILL. 4, c. 85, s, 17. 229
w payable aceoidin^ to the provisions of the said recited Act Appndx.
licenseB to retail cider and perry ; but in every such license """
n be specified whether the same is granted for the sale of cider
L peny Ivy retail to be drunk or consumed not in or upon the
lae or premises where sold, or for the retail of cider and perry
l)e drank and consumed in or upon the house and premises
8(dd.(c)
I. Licenses under this Act not to authorise persons to
td licenses for sale of wine.] No license to be granted under
» toad recited Act and this Act for the sale of beer or cider shall
fihoriBe any person to take out or hold any license for the sale
irine, spirits, or sweets, or made wines, or mead, or meth^lin,
S if any person licensed under the said recited Act and this Act
mSl beer or cider shall permit or su£fer any wine or spirits,
iBetSy or made wines, meaa, or metheglin to be brought into his
UK or premises to be drunk or consumed there, or shall suffer
gr wine, spirits, sweets, mead, or metheglin to be drunk or con-
■led on his house or premises by any person whomsoever, such
■Km shall, over and above any excise penalty or penalties to
hieb he may be subject, forfeit 20/., to be levied, mitigated, and
ylied in the same manner as other penalties (not bemg excise
fciTties) are by this Act to be recovered, levied, mitigatied, and
nlied. [See 23 Vict c. 27, s. 3 ; 24 & 26 Vict. c. 91, s. 10 ; 43 & 44
6t e. 90, 6& 41, 42.]
17. Penalty on unlicensed persons selling beer and cider
jf wtail to he drunk off the premises^ 101,; to he drunk on
Wprendses, 20Z.] And be it further enacted, that every person
Dt bein^ duly licensed to sell beer, cider, and perry, as the
mer ofa common inn, alehouse, or victualling-house who shall
ITaDy beer or cider or perry by retail, not to be drunk or con-
imed in or upon the nouse or premises where sold, without
ndng an excise retaQ license in force authorising him so to do,
M^Elorfeit lOZ.; and every person not being duly licensed to
fl beer, dder, and perry as the keeper of a common inn, ale-
joaae, or victualling-house, who shall sell any beer, cider, or
■17 by retail, to be drunk or consumed in or upon the house or
vemises where sold, without having an excise retaQ license in
Hoe aathorising him so to do, whether such person shall or shall
Ofc be licensed to sell beer to be drunk or consumed off the pre-
dMB where sold, shall forfeit 20^; which said penalties shall
(s) The duties on cider licenses are set forth in 43 & 44 Vict. c. 20,
130 BEBEHOUSB ACT, 1834, s. 23.
Lppndz. be sued for and recovered, mitigated, and applied hj the
means and under the same provisions as any other penaltf
be sued for and recovered, mitigated, and applied under aaj
or laws of excise. [See Licensing Act, 1872, section 9^
notes. ](a)
18. The board over the door to state " not to be dnmk oi
premises,'* or "to be drunk on the premises." Bepeak
Licensing Act, 1872. See Schedule, ana section 11.
19. What is a retailing of beer, aider, or ;pe(rrv^
whereas doubts are entertained as to what is a selling of w
cider or perry by retail : Be it therefore enacted, that eveij
of any beer, or of any cider or perry, in any less quanti^
four gallons and a half, shall be deemed and taken to be a A
by retaiL [See Licensing Act, 1872, section 3, and notes.]
20. Persons licensed to sell beer or cider under Om
liable to penalties for selling spirits or wine fiA
license,] And whereas doubts have been entertained irk
persons licensed to sell beer or cider under the said Act o
nrst year of His Majesty's reign, who shall sell spirits or wii
sweets or made wines, or mead or metheglin, without
licensed so to do, are liable to the penalties imposed by tin
of excise for selling spirits or wine, or sweets or made wii
mead or metheglin, without license : Be it therefore dedaie
enacted, that aU persons licensed under the said recited Ae
this Act selling wine or spirits, or any sweets or nuule wii
mead or metheglin, shall be liable to and shall incur a
penalties imposed by the laws of excise for selling spirits or
sweets or made wines, mead or metheglin, without licenaei
23 Vict. c. 27, s. 3; 24 & 25 Vict c. 91, s. 10; 43 &44 Vict
ss. 41, 42.]
21. Certificate not to be required for houses in certain
tions, if population exceed 5,000. Impliedly repealed by S
Vict. c. 27.
22. Service of summons or order. Repealed by Licensiii
1872. See Schedule.
23. Commencement of Act.]
(a) It was held under a case stated on a conviotion under thk
that costs of the appellant could be granted against the Crofwi
20 & 21 Vict. c. 43, s. 4 : Moore v. SmUh, 1 £. & S. 597 ; 28 L. J
126 ; 23 J. P. 133.
3 & 4 VICT. c. 61, s. 1. 231
Appndx.
3 & 4 Vict. Cap. 61. ^-
amend the Acts relating to the general Sale of
md Cider hy Eetail in England,
[7th August, 1840.]
4 d 1 Will. 4, c. 64—4 d 5 Will. 4, c. 85—
retail beer not to be granted to any but tJie real
ywpier, nor in respect of any house rated at less
\er av/mmif within the Bills of Mortality ^ or in
w, dtc,y containing 10,000 inhabitants ; nor less
er a/nnv/m in 'places exceeding 2,500 inhabitants;
%n 8Z. per annum in places sittiated elsewhere,]
Act was passed in the first year of the reign of His
r King William the Fourth, intituled "An Act to
reneraf Sale of Beer and Cider by retail in England :"
a another Act was passed in the fourth and fifth years
of His said late Majesty, intituled "An Act to amend
3d in the first year of His present Majesty, to permit
Sale of Beer and Cider by retail in England:" And
9 expedient to alter and amend the said Acts : Be it
acted by the Queen's most excellent Majesty, by and
^ice and consent of the Lords spiritual and temporal,
•US, in this present Parliament assembled, and by the
r liie same, that no license to sell beer or cider by
the said recited Acts or this Act shall be granted to
j^ho shall not be the real resident holder and occupier
ling-house in which he shall applv to be licensed, nor
ch license be granted in respect of any dwelling-house
not, with the premises occupied therewith, be rated
to the rate for the relief of the poor of the parish,
r place in which such house and premises are situate
' ftnTiTifl.1 value of fifteen pounds per annum at the least
n the cities of London or Westminster, or within any
ace within the Bills of Mortality, or within any city,
, town corporate, parish, or place, the population of
rding to the last parliamentary census, shall exceed
i, or within one mile, to be measured by the nearest
it OP path, from any polling place used at the last
any town having the like population, and returning
r members of Parliament ; nor shall any such license
n respect of any dwelling-house which shall not, with
J occupied therewith, be rated in one sum to the rate
r of tihe poor of the parish, township, or place in which
ii32 BEEBHOUSE AOT, 1840, 8. 1.
4ppndx. 8uch house and premises are situated on a rent or annaal ^
eleven pounds per annum, if situated within any dty,
port, town corporate, parish, or place, the popumioa d
according to such last parliamentary census shall excel
thousand five hundred and shall not exceed ten thona
within one mile, to be measured as aforesaid, from any
j)lace used at the last election for any town having the li
lation as lant aforesaid, and returning a member or men
Parliament ; nor shall any such license be granted in lei
any dwelling-house which shall not, with the premises o
therewith, be rated in one sum to the rate for the reliel
poor of the parish, township, or place in which such ho
premises are situate on a rent or annual value of eight p(
situated elHcwliere than as aforesaid ; and every license
(contrary hereto shall be null and void, (a)
(a) ThiH Hection still governs the value qualifications of all
for the sale of beer or cider, 1st, as to all houses for in-door <
tion licensed before 1872 ; 2nd, as to all houses for ont-door <
tion, whether licensed before or after 1872 for the first time. 1
of arriving at the annual value is now defined bv Licensing i
sections 40, 47. Those houHes which have been first licensed fi
consumption under this Act since 1872 are governed by the ]
Act, 1872, section 45 : see ante, p. 82.
The cases decided under this section show that when a pariali
of the larger areas of a city, cinque port, town corporate,
]>opulation of the city or town is the criterion ; and where t
was not in a city or town, though it contained several tow:
hamlets, it was not the population of the particular township <
which was tlie criterion, but the population of the entire paru
(^harlesworth, 20 L. J. M. C. 181 ; Washington v. Scatty 29 «
(> 13. & S. 617 ; Smith v. Redding, 30 J. P. 518 ; L. R. 1 Q
Windsor v. Jeffrey, 30 J. P. 552 ; 6 B. & S. 617 ; PreHon v.
L. K. 5 Q. B. 391 ; 35 J. P. 38 ; 39 L. J. M. C. 105 ; 22 I
18 W. R. 1104 ; Rice v. Slee, L. R. 7 C. P. 378 ; 86 J. P. 4
sec 33 & 34 Vict. c. Ill, post.
The annual value was held to be the rateable value : £aker
19 J. P. 117: but it is not so now. See Licensing A
section 47, ante, p. 86.
The house must have been, before the Licensing Act, 1872
46, 47, but need not now be, rated in one sum or at all to the
Thus, whore it was situated in two parishes or townships aiK
each, this was held not sufficient, though the aggregate rate
the sum mentioned in the statute : Jennings v. Manchegte
L. T. 412. Now it is enough that the occupant is a real reside
and occupier, and that the house is of the required valuation.
A house partly used as a ^procer*s shop and partly as a beeri
deemed qualified under this enactment : 6hirretty t. I^/Ui
3 & 4 VICT. 0. 61, s. 5. 233
PezBon applying to be licensed to produce a certificate of Appndz.
ing the real resident occupier of the house, and of the
t at which it is rated. Mepealed by 32 & 33 Vict c. 27,
ik(5)
Provision for new houses occupied since a rate was made.
i by 32 & 33 Vict, c 27, Schedule.
a extrorparockial places licenses may be granted on the
ie of two inhabitant householders of the required annual
Repealed by 32 & 33 Vict. c. 27, Schedule, so far as the
te was required from inhabitants, but unrepealed so far
tiing a real rent or annual value of 15/., 11/., and 8/.
vely.
enalty on overseers refusing to grant certificates, and on
8 and other persons granting false certificates. Repealed
33 Vict c. 27, Schedule.
6 ; 35 J. P. 168 ; 40 L. J. M. C. 1 ; 23 L. T. 654 ; 19
{7.
railway arch used as a beerhouse was not qualified, because no
t in it, and it was not a dwelling-house : R. v. Allmey, 35
L
nalification of residence on the premises does not apply to the
iinder 23 Vict. c. 27, s. 3 ; 24 & 25 Vict. c. 21, s. 3 ; 26 & 27
33, 8. 1, to sell wine and spirits for consumption off the
: B. V. Glamorganshire, 1 Q. B. D. 55 ; 40 J. F. 150 ; 33
I ; 24 W. B. 343 ; 45 L. J. M. C. 57.
icensing Act, 1872, sections 45, 46, 47, as to fature qnalifica-
i-door licensed houses.
Oder this section an excise license granted without the over-
lificate was held not to be void, though it wonld have been if
m were not the real resident holder : Thompson v. Harvey,
f. 264 ; 28 L. J. M. C. 163 ; 23 J. P. 150. The overseer could
mpelled to certify the applicant to be the real resident occu-
T. Kensington, 12 Q. B. 654 ; 12 J. P. 743 ; R, v. Langridge,
Q. B. 73. But he could be ordered by mandamus to inquire
nune: Ex parte Piddlesden, 18 J. P. 391. And yet a eertio-
naah the excise license would not be granted: Ex parte Salford,
S49.
fence of using a false certificate could only be punished by the
f the place where the offence was committed : R, y. Waghom,
, 647 ; 22 L. J. M. C. 60. An overseer was held not guilty of
a false certificate of character because he knew the b^r seller
ing in concubinage : Leader v. Yell, 28 J. P. 470 ; R, v.
16 C. B. (N.S.) 684 : nor because the amount of rate was aatici*
I not actually assessed : Dixon v. Steele, 31 J. P. 564.
234 BEERHOUSE ACT, 1840, s, 8.
Appndx. 6. Penalty on forging certificates, or using false certifc
Repealed by 32 & 33 Vict, c' 27, Schedule.
7. Licenses to be void on conviction of /e&mjf <
selling spirits without Ucense,] Every person who bIuII
after be lawfully convicted of felony, or of selling spirits w
license, shall for ever thereafter be disqualified m)m sdlhij
and cider by retaQ, and no license to sell beer and cider by
under the said recited Acts or this Act shall be granted 1
person who shall be so convicted as aforesaid; and if an
person shall, after having been so convicted as aforesaid, ta
or have any license to sell beer or cider by retail under t!
recited Acts or this Act, the same shall be void to all intei
purposes, and every person who shall, after being convi
aforesaid, sell any beer or cider by retail, in any manner i
ever, shall incur the penalty for so doing without license,
all such cases in the prosecution for the recovery of such i
a certificate from the clerk of the peace, or person acting i
of any such conviction as aforesaid, shall on the trial in sn
secution be legal evidence thereof.(a)
8, On the death of a licensed person the execu
administrators, or the widow or child, may be author
sell for the remainder of the term of Ucense.] U
death of any person whatever licensed to sell beer or dde
the said recited Acts or this Act before the expiratioi
license, it shall be lawful for the person authorised t
licenses to authorise and empower, by endorsement or oti
as the commissioners of excise shall direct, the execi
administrators, or the widow or child of such deceased
who shall be possessed of and occupy the dwelling-ha
premises before used for such purpose, to continue to rel
and cider in the same house and premises during the le
the term for which such license was originally granted,
taking out any fresh license, or payment of any additioi
thereon ; and also at the expiration of such license (in <
residue of the said term shall be less than three calendar
from the death of the person licensed) to grant a new li
such executors, administrators, or widow, on payment
proper license duty [and entering into the usual Dond}(5)
Co) See similar sections in 23 Vict. c. 27, s. 22 ; 33 & 34 ^
8. 14, and notes thereto.
(^) The effect of this section, which relates to the excise lie
iB similar to 23 Vict. c. 27, s. 12, is stated in the notes to the b
tion. See also LicensiDg Act, 1872, section 3.
The words loithin brackets were repealed by 41 & 42 1^
Schednle.
3&4viCT.a 61, s. 16. 236
P* Penons licensed to retail beer or cider to make entry ^ppndz.
^hthe excise.— 1 d 8 Geo, 4, c. 63—4 d 6 Will 4, c. 61.] ~
Jffcy jjeraon whatever licensed to retail beer or cider under the
^ noted Act or this Act shall, in manner directed by 7 & 8
X 4| a 53, and by 4 & 5 Will 4, c. 51, make entry with the
'^wi of excise, of every house, cellar, room, and place for
eft^ keeping, or retailing beer or cider on pain of torfeiting
pMialtiea imposed by the said last-mentioned Act for making
of any unentered room or place ; and all beer and cider found
fenr Boch unentered house, cellar, room, or place shall be for-
10, Penalty on persons licensed to sell beer or cider having
H^ spirits, or sweets in their entered premises. Repealed by
nuuig Act, 1872. See Schedule, and section 10.
tL Officers of excise empowered to enter the premises of
msedoeer retailers,] It shall be lawful for any officer of
iae, at all times during the hours in which any house licensed
fhe retail of beer or cider may be kept open, to enter into
ff house, cellar, room, or place entered for the storing, keep-
ar letailing of beer or cider, and to make, search for, and seize
wine and spirits and sweets which may be found in any such
rndf cellar, room, or place, and to eiutmine all beer or cider
CthereuL
L2, A,nd also the hotises of persons selling beer at the
of Hd. or less the qicart,] It shall be lawful for any
ser of excise, during the hours which any house is kept open
the sale of beer at the rate of one penny halfpenny or after a
1 Xftte the quart, to enter into every such house, cellar, room, or
BB ibr the xeeping or retailing such beer, and to make search
and seize all wines, spirits, sweets, and all beer which by law
f aze not entitled to sell.
13. Additional penalty on unlicensed persons selling beer or
fOL Repealed by Licensing Act, 1872. See Schedule.
•
L4. 11 Geo. 4 & 1 WilL 4, c. 64, s. 14, and 4 & 5 WilL 4,
10^ Si 8, repealed. Repealed by 11 & 12 Vict. c. 49, s. 15.
15. Honis for opening and closing houses. RepeaUd by
ttiuiiig Act, 1872. See Act, 1874, section 3.
18> Jnsfcices may mitigate penalties. Repealed by Licensing
t^ 187S. See Schedule, and section 67.
236 BEEBHOUBE ACT, 1840, 8. 23.
17. No person to far£eit liis license for a first offence ; id
license to be void nnlesB bo adjudged. Bq^eaUd by Licennsg
1672. Bee Schediile.
IB. Licenses may be gramied to persons licensed I
the passing of the Act whilst they continue the occupt
tlie same house, although it is below the quaUfion
ProYided always, and be it enacted, that nothing in this h
tained shall prevent any person from obtaining, at tbe expi
of his existing license, a renewed license in respect ol ani
in which he shall at the time of the passing of this Act I
licensed to retail beer or cider nnder the said recited I
eithex of them, notwithstanding such house may not be
rent or n-n-nnal Talne by this Act prescribed, nor to oh^
person to produce any other certificate (where a certii
required) for obtaining his license than the certificate leqii
the said recited Acts ; but it shall be lawful for the of
excise duly authorised to grant licenses to renew and cooi
grant licenses to such person (being in other respectB i
qualified) on the production of such certificate as last u
so long as such person shall continue to be the redden]
and occupier of the same house, anything in this Act a
contrary notwith6tanding.(a)
19. Penalties under this Act, where not otherwise diif
be recovered under the provisions of the former Acts. J
by Licensing Act, 1872. See Schedule.
20. Becited acts to continue in force, except as hereby
— Interpretation of words.]
21. Powers, provisions, and penalties of 11 Qeo. 4 & 1
c 64, and 4 & 5 Will 4, c. 85, to apply to peiBons licenM
this AcLX^)
22. Act not to affect the two universities.]
23. Act may be altered this session.]
(a) This section may now be deemed spent, nnless the boli
license in 1840 snrriye and have continued occupiers of the ma
(() Repealed so far as incorporating repealed enactments : I
Act, 1872, Sched.
5 & 6 VICT. 0. 44, s, 1. 237
5 & 6 Vict. Cap. 44. Appndx.
T for the Transfer of Licerues and Regulation of Public^
Mes. [Ist July, 1842.]
yioering transfer of licenses by justices at petty
— 9 Gfeo, 4, c. 61 — Proviso as to the metropolitan
istricW] Whereas it is expedient that greater facilities
e given in the transfer of licenses of inns, alehouses, and
Qg-houses, and likewise that some regulations should
J and for restraining the sale of spirituous liquors on
Data or other vessels at anchor in the river Thames :
srefore enacted by the Queen's most excellent Majesty,
Bnth the advice and consent of the Lords spiritual and
I, and Commons, in this present Parliament assembled,
he authority of the same, that from and after the passing
LCt, at any petty session of justices of the peace holden in
ny division of every county and riding, and in any hundred
county not being within such division,and in every liberty,
n, or place withm which any inn, alehouse, or victualling-
all be situated, and for which the said justices shall be
t any time when no special session shall be holden for
L division, hundred, liberty, city, town, or place, it shall
.1, m those cases where justices of the peace assembled at a
tession are empowered, by 9 Gko. 4, c. 61, to transfer or
senses, before the expiration thereof^ to sell excisable
}y retail in the same house or premises in respect of which
jon had been theretofore duly licensed, for the majority
istices then present, upon application made to them at
h petty session, by indorsement under their hands and
any license which shall have been granted pursuant to
isions of the said Act at any general licensing meeting, or
idjoumment thereof, to authorise (if they shall deem it
to do, after examining upon oath all necessary parties),
jon not disqualified by the said Act, to whom it shall be
1 at the time of such application to transfer or grant
1 license, to use, exercise, and carry on the business of a
victualler at the same house and on the same premises,
re to sell such excisable liquors as might theretofore have
yfully sold and retailed therein ; and thereupon it shall
il for the officer of excise empowered to transfer licenses
rsement on the excise licenses required to be transferred
liie like authority to the persons so authorised by the
\ltA or justices ; and the authority so granted shall continue
ji force until the then next ensuing special session which
238 ALEHOUSE ACT, 1842, s. 2,
Appndz. shall be holden for the division, hundred, liberty, dtj,
— or place within which such house and premises shall be s^
ana no longer ; at which special session the justices the
there assembled, upon application made to them puisoant
said Act, touching any transfer or grant of license to the p
parties to whom such authority shall have been so rivai 8
sessions as aforesaid, shall hear and dispose of sudi app9
according to the provisions of the said Act : provided
that nothing herein contained shall be construed to empoi
justices at petty sessions to give any such authority as a
within any of the divisions assigned or to be assigned
of the police courts already established or to be established
the metropolitan police district, except in the borough d
wark ; but that any such application as is hereinberore <
to be made at petty sessions shall, when the house and ]
in respect whereoi any license shall have been obtainec
the said Act shall be situated within any of the said poli
divisions, and not in the borough of Southwark, be mad
of the police magistrates sitting at any of the said coi]
such magistrate shall in his discretion grant sudi auth*
the manner and for the time hereinafter mentioned : j
also, that any person or persons who shall be authorise
the provisions of this Act, to continue to carry on the bw
a licensed victualler, shall, after the obtaining such ai
and so long as the same shall continue in force, be subje
the powers, regulations, proceedings, penalties, and pi
declared by or contained in any Act or Acts in force 1
the regulation, government, or control of licensed keepers
alehouses, and victualling-houses, in like manner as if t
had been repealed and re-enacted, and that all penall
forfeitures imposed by any such Act or Acts shall be ap
directed by the same respectively.(a)
2. When licenses are lost a copy may be indar,
.considered valid.] Whenever it shall be proved to the
tion of any such magistrate or justices at petty session, u]
application made as aforesaid, that any license granted i
to the said Act passed in the ninth year of the reign <
George the Fourtn has been lost or mislaid [or if the apj
is for the grant or transfer of a license, has been wilfully n
by the holder thereof], it shall and mav be lawful for
magistrate or justice to receive a copy of such license, cer
(a) This section seems not to cover all the cases providM
9 Geo. 4, c. 61, 8. 14. As to selling without a license, see L
Act, 1872, section 3.
6 & 6 VICT. c. 44, s. 5. 239
opy under the hand of the clerk to the licensing Appndx*
whom the said license shall have been granted, and —
3h indorsement thereon as he or they might make
•rovisions of this Act upon the original license ; and
iment upon the copy so certified shall be as valid and
if tiie same had been made upon the said license.(6)
far indorsing the copy.] For everv such certified
ery such indorsement a fee of two shillings and six-
10 more, shall and may be demanded and taken.
ualified jtistices not to act at petty sessions,]
)f the peace shall act upon any application which shall
at petty sessions as aforesaid who now is or shall be
bj law from acting in or being present at any general
isine meeting, or any adjournment thereof, or at any
on for granting or transferring licenses to sell excisable
i every justice who, being so disqualified, shall wilfully
ist this provision, shall be liable to the same penalty
lings for the recovery thereof as are specified and
the said Act of the ninth year of the reign of King
Fourth.(c)
nne, dc, to be sold on board any boats or vessels
lying at anchor during the time wJien prohibited
in public-houses.] And be it enacted, that no wines,
ther excisable liquors shall be sold by retail on board
, steamboat, or other vessel which shall be moored or
2hor within the metropolitan police district during the
imes on Sundays, Good Friday, and Christmas Day on
used victuallers are by law obliged to keep their houses
i any master, steward, mistress, or stewardess, or any
has been extended to other cases by Licensing Act, 1872,
kOd 47 & 48 Vict. c. 29, so as to include the words within
Jeyertheless, the court has held that where an out-going
lUy withheld his license owing to a quarrel with his land-
rtices were not bound to accept a copy : Ex parte Phillips^
). At the same time they may exercise their jurisdiction
ring the current license, a copy of which can be obtained
ising Act, 1872, sections 36, 58.
Licensing Act, 1872, section 60, and 9 Geo. 4, c. 61, s. 6.
ification referred to in this section is that in 9 Geo. 4, c. 61,
, though repealed, has been here incorporated and still
I Act.
240 WINE AND RBFEESHMBNT HOUSE ACT, I860,
Appndx . other person on board any such boat, steamboat, or otte
— who shall, during those hours on Sundays, Qood. Friday, I
Christmas Day, in which the houses of licensed victoalkn d
be closed, sell any wines, spirits, or other excisable liqncHay kl
on board such boat, steamboat, or other vessel, within ^ I
district, shall be liable to a penalty not exceeding five pM
which may be recovered before any magistrate of the Ml
politan police courts, or if the offence shall be committed \xf
the limits of any metropolitan police court, establishdd <■
be established, before any two justices of the peace ha
jurisdiction therein, or shall, in the discretion oi the BMj
trate or justices of the peace before whom the conviction ■
take place, be imprisoned for any time not longer thaiii
calendar month in any gaol or house of correction witiiin
jurisdiction ; and in every case of the adjudication of •
pecuniary penalty and non-payment thereof^ it shall be ki
for such magistrate or justices of the peace to commit
offender to such gaol or house of correction for a term not eitt
ing one calendar month, the imprisonment to cease on pM
of the sum due ; and such penaltv shall be paid to tM
ceiver of the metropolitan police, and be applied by him to«l
the expenses of the police courts established within the i
district (a)
6. Act not to extend to Universities of Oxfod i
Cambridge.
23 Vict. Cap. 27.
An Act for granting to Her Majesty certain Duties (M IF
Licenses and Refreshment Houses, and for regyiiA
the licensing of Befreshment Houses and the grasA
of Wine Licenses. [14th June, I860.]
Most Gracious Sovereign,
We, Your Majesty's most dutiful and loyal subjects, the ConiBi
of the United Kingdom of Great Britain and Ireland in W
ment assembled, towards raising the necessary supplies to diA
(a) The Licensing Act, 1872. does not affect the Rale of intoxiflii'^
liqaor in packet boats : section 72. This subject is eIbo goTemeilj
Geo. 4, c. 47 ; 4 & 5 Will. 4 c. 75, s. 10 ; 43 & 44 Vict c. SO^**
post. See antet p. 123.
23 VICT. c. 27, s. 3. 241
Majesty^B public expenses, and making an addition to the Appndz.
IMiJii leyenne, nave freely and voluntarily resolved to give and
unto your Majesty tlie several rates and duties hereinafter
Joned ; and do therefore most humbly beseech vour Majesty
_it may be enacted ; and be it enacted by the (Queen's most
Majesty, by and with the advice and consent of the
apiritual and temporal, and Commons, in this present
mt assembled, and by the authority of the same, as
From and after 1st July, 1860, certain duties to be
for licenses herein mentioned. (b)
^|L Powers and provisiom of Excise Acts to apply to the
granted by this Act.] The duties by this Act granted
be deemed to be excise duties, and shall be under the care
L management of the Commissioners of Inland Revenue for
time being ; and all powers, provisions, and regulations,
"ties, and forfeitures contained in or enacted by any Act in
in relation to excise duties, shall, in all cases not herein
ly provided for, and so far as the same are not superseded
and are consistent with the express provisions of this Act, be
ly observed, applied, and put in execution, for ascertaining the
Mot or value of any house or premises in respect of which any
■BODse shall be applied for under this Act, and for chargiui^%
Meeting, and securing the said duties hereby granted, and
Itiittwise relating thereto, as fully and effectually as if the same
powers, provisions, and regulations, penalties, and forfeitures,
■we repeated and re-enacted in the body of this Act with
l|Ca»nce to such rent or value and to the said duties hereby
Zb Every person keeping a shop entitled to take out a
to retail wine not to be consumed on tJie premises.]
person who shall keep a shop for the sale of any goods or
iOBimoaities other than foreign wine, or who shall have taken
jW a license as a dealer in wine (except persons expressly dis-
ced by this Act), shall without producing or naving any
license or authority, be entitled to take out a license under
Act to sell by retail, and in reputed quart or pint bottles
•ifyi in such shop, foreign wine not to be consumed on the
(i) Certain duties were by this section declared on refreshment-
^TB and on refreshment-houses having a wine license. These duties
altered ^ 24 & 25 Vict. c. 91, ss. 8—11 ; 39 & 40 Vict. c. 16, s. 4 ;
43 Ac 44 Yict. c 20, ss. 41, 42. See 24 & 25 Vict. c. 91, s. 9, post.
142 WINE AND EBPRESHMENT HOUSE ACT, 1860, S. 6,
Lppndx. premises where sold, anything in any former Act to the coi
— notwith8tanding.(a)
4. What shall be deeTned selUng by retail.] Eveiy nb
foreign wine in any less quantity than two gallons, or in 1
than one dozen reputed quart bottles, at one time, shall
deemed to be selling by retaiL [See Licensing Act, 187S;
tions 3, 74]
5. Permitting drinking wine in a neighbouring house,
&c., with intent to evade tne provisions of this Act, to be *
drinking on the premises. Penalty. [Repealed by
Act, 1872. See Schedule, and section 6 of that Act]
6. Persons keeping houses, dc, herein named requini
take out licenses.] All houses, rooms, shops, or buildingB,
(«) The Wine and Beerhouse Act, 1869, 32 & 83 Vict c Sff.i;
post, afterwards made it compulsory before holding this license ioi
for a justices* license or certificate ; but the justices could not
cannot now refnse the off-wine license except on four grounds : 31 kl
Vict. c. 27, s. 8, jfogt. Those who hold a wine d^ei^s licom I
exempt from the necessity of getting any justices* off certifiotlej
regards the sale of foreign wine : Licensing Act, 1872, seetioi '
Thus, a grocer who holds a wine dealer's license does not "-"^
juRtices' license if he has the excise retail license : Palmer t.
3 Q. B. D. 346 ; 42 J. P. 213 ; 47 L. J. M. C. 54 ; 37 L. T. 784;
W. R. 314.
ReRidence on the premises is not a necessary condition for a ji
certificate when such is required : M. y. Glamorganshire, JZ. t.
Mutzen, 1 Q. B. D. 55 ; 40 J. P. 150 ; 45 L. J. M. C. 57 ; 8$ L
726 ; 24 W. R. 343 ; nor is the rateable value of the premises matoii
R. V. Monmouthshire^ 38 J. P. 807.
The license can only be given to those who keep a shop lor
goods than foreign wine. Where the applicant kept a shop oalf i
selling casks of l^er of four-and-a-half gallons, this was held to
the description : R. v. Bishop, 50 J. P. 167. Where wine wi
as *' Best Sherry, British," this was held to be foreign wine reqniriif <
license : Richards v. Banks, 58 L. T. 634 ; 52 J. P. 23.
A license to sell foreign wine by wholesale or by retail now ii
authority to sell sweets, or made wines, or mead, or methe^in ii
quantity : 38 & 39 Vict c. 23, s. 9.
When a wine dealer has branch offices in other towns in wlu^kt;
has an agent to receive orders which are sent to the head ofltoe tfi
executed there, a license must be taken at each branch office ihM
Stallard v. Marhs, 3 Q. B. D. 412 ; 42 J. P. 859 ; 47 L. J. M. C H;
38 L. T. 566 ; 26 W. R. 694. But where the agent has his own oi*
and takes orders there, the dealer need not take a license there : 99^
herry v. Spencer, 51 J. P. 181; 55 L. J. M. C. 141.
23 YiCT. c. 27, s. 6. 24a
for public refireshment, resort, and entertainment at any Appndz.
between the hours of [ten](6) of the clock at night and five
F llie dock of the following morning, not being licensed for the
0e of beer, cider, wine, or spirits respectively, shall be deemed
p^Mhment houses(c) within this Act, and tne resident owner,
nimt, or occupier thereof shall be required to take out a license
r ibis Act to keep a refreshment house ; and every person
shall keep any house, room, shop, or building, for the pur-
Off selling therein any victual or refreshment to be consumed
the premises where the same shall be sold (except beer, cider,
H^ and spirits sold respectively under a proper license in that
ffi, and every person who shall keep any house, room, shop,
ding for the consumption therein by the public of any
ihment (except as aforesaid), although the same shall not be
therein, may, if he shall think fit, take out a license under
Act to keep a refreshment house ; and in all proceedings and
i all occasions whatever it shall be sufficient to describe by
term refreshment house any house, room, shop, or building in
any such article as aforesaid (except as aforesaid) is sold to
The word ten was substituted for nine by 24 k 25 Vict. c. 91 ,
f) What is a refreshment house,'] Where a shop provides lemonade
beer, having no accommodation for vi^itorH to sit dovtn, and
but a table or counter at which thej stand only for a few
this is deemed a refreshment house' within the meaning of this
: Howes v. Inland Merenne, 1 Exch. D. 385 ; 46 L. J. M. C. 15 ;
f. P. 423 ; 35 L. T. 584 ; 24 W. R. 897. And the same if cofTee and
were only provided: Muir v. Xeay, L. R. 10 Q. B. 599 ; 44 L.J.
143 ; 23 W. R. 700 ; 40 J. P. 694 ; 41 J. P. 423. If the refresh-
are not kept in the house to be supplied to vii^itors, but are
sent for at request of and for behoof of the viHitors as required,
not a keeping open of the house : per Bbamwell, B. ;
V. Oram, 1 H. & C. 370 ; 31 L. J. M. C. 252 ; 27 J. P. 8 ; 7
*. 68 ; 10 W. R. 800. If the house is a temperance hotel not
intoxicating liquors, but supplying ordinary refreshments, it
Mverthdess a refreshment house: Kelleway v. Macdongal, 45
P. 307.
_Ai to the words " public resort and entertainment," see notes to Act,
9, ante^ p. 18, and to Act, 1874, s. 3, ante^ p. 152.
who hold Ucenses for refreshment houses are subject to the
Day Act, or at least not more exempt than other shopkeepers :
feU V. Cnrtis, 35 L. T. (n.s.) 853.
V As to the duty on refreshment houses, see 24 & 25 Vict. c. 91, s. 10.
' As to occasional licenses to refreshment houses, see 27 & 28 Vict.
til 18, s. 5, post.
ii2
244 WINE AND BEFBESHMENT HOUSE AOT, 1860, 8. 8.
Appndz. be consumed, or is consumed as aforesaid, without fozte
— otherwise designating or describing the same, (a)
7. Confectioners cmd eating-house keepers entiOeito
out licenses to sell wine to be drtmk on the
Every person who shall be licensed to keep a lefreahment
and shall pursue tlierein the trade or busmess of a conf
or shall keep open such house as an eating-house, for the
of selling, to be consumed therein, ammal food or other
wherewith wine or other fermented liquors are osuallj
shall be entitled (subject to the terms and conditions of thit
and not being expressly disqualified thereby), to take out a"
to sell foreign wine by retail in such refreshment house, to
consumed on the premises where the same shall have been
witliout producing or having any other license or authorit
as aforesaid; and every confectioner and eating-house
respectively, who shall have taken out such license to retail
under this Act, shall not be subject or liable to any penally tf
forfeiture under any other Act or Acts by reason, or on aeeaaid
his selling wine by retail, or having the same in his poeaeakiii
his entered premises, anything in any other Act or Acts to thi
contrary notwith8tanding.(6)
8, Wine licenses not to be granted for refreshmefU
ujider a certain rent or annual value — Persons dii
to Jiold wine licenses,] Provided always, that no license to
foreign wine by retail to be consumed on the premises shilllil
granted for any refreshment house which, with the pieff^^
belonging thereto and occupied therewith, shall be under the:
and value of ten pounds a year, nor for any refreshment K
situated in any city, borough, town, or place containing a pop*^
tiun exceeding ten thousand according to the last paniameiitay
(a) The 24 & 25 Viet. c. 91, s. Sfpogt, altered the honr of
above.
(&) This wine license inclades sweets and made wines : 26 A 17Tid
c. 88, 8. 18 ; 88 & 89 Vict. c. 23, s. 9. See also note to section 9; «^
p. 242.
A refreshment house keeper who sappUed travellers with brad ■■
cheese was held to keep an eating house, and entitled to the *^
hcense : Nunn v. Sivuthall, 26 J. P. 775 ; 7 L.T. 356.
A confectioner who supplied lancheons was held to ke«p a 'i**
ling house, and entitled to the pnblic-honse license mider 9 (W l»c>^
s. 1 : i2. V. Surrey JJ., 52 J. P. 423.
•. As to persons licensed to retail beer taking out wiat
24 & 25 Vict, c 91, s. 10^ J90st.
23 VICT, 0. 27, 8. 11. 246
RUB, if such refresbment bouse, with tbe premises belonging Appndz.
leto and occnpied therewitb, shall be under the rent and value
twenty pounds a year; and no sheriflf's officer, or officer
mting the legal procofis of any court of justice, sball be capable
■eceiving or using any license under tbis Act to sell wine by
B to be consumed on the premises ; and every license whicn
11 be granted contrary hereto shall be void to all intents and
9oeea.(c)
, Penalty for keeping a refreshment house without
nMBf 20^.] Every person who shall keep a refreshment house
irhich a license is required by this Act, without taking out
haying in force a proper license in that behalf gmnted to him
er the authority of this Act, shall forfeit a sum not exceeding
aty pounds, which penalty shall be recovered as herein^ter
B. By whom licenses under this Act shall be granted,
*i3fms of licenses as in schedule to this Act.'] All licenses
lorised to be granted under this Act shall be granted by and
er the hands of the collector or other person ha\'ing charge of
excise collection, and the supervisor of excise of the district
lin which respectively the refreshment house or other house or
> for or relating to which any such license shall be required, or
nch other person or persons as the Commissioners of Inland
enue shall appoint or authorise in that behalf, on payment of
duty chargeable for such licenses respectively ; . . . Provided
ijB, that it shall be lawful for the Commissioners of Inland
enue from time to time to make such alterations therein as
^ may deem to be necessary, in consequence of any alteration
mendment of the law, in order to make such form of license
imrmable to the law for the time l)eing.(e)
L Licenses : date, expiration, and renewal tJiereof]
liceDses which shall be granted under the authority of this
) This Talaation qualification (as to the mode of arriving at which
Licensing Act, 1872, section 47) is confined to in-door licenses.
valnation qualification was pat on oat-door wine licenses, nor is
B any now.
TtoB is to be an excise penalty : 23 & 24 Vict. c. 113, s. 42. See
• to Idcensing Act, 1872, s. 3, ante, p. 7 : 27 & 28 Vict. c. 64, post
) It was afterwards required by the Wine and Beerhoase Act,
I, S2 & 38 Vict. c. 27, s. 4, jfoxt, that a jastices' license shoald first
liteuied. This section originally prescribed the form of license, but
; part of the section was repealed by 38 & 39 Vict. c. 66, schedule,
ue itatatory form is now given in the Appendix to this volame.
134 BEEEHOUSE ACT, 1840, S. 8.
Lppndz. 6. Penalty on forging certificates, or usiDg felae
Repealed by 32 & 33 Vict. c. 27, Schedule.
7. Licenses to be void on conviction of felony or^
selling spirits without license,^ Every person who shall 1 "
after be lawfully convicted of felony, or of selling spirits wil
license, shall for ever thereafter be disqualified from seUisg
and cider by retail, and no license to sell beer and cider by »
under the said recited Acts or this Act shall be granted to
person who shall be so convicted as aforesaid; andifaari
person shall, after having been so convicted as aforesaid, tue<
or have any license to sell beer or cider by retail under the i
recited Acts or this Act, the same shall be void to aU inteatii
purposes, and every person who shall, after being coi
aforesaid, sell any beer or cider by retail, in any maimer wl
ever, shall incur the penalty for so doing without Ucense, ffldi
all such cases in the prosecution for the recovery of such
a certificate from the clerk of the peace, or person acting i
of any such conviction as aforesaid, shall on the trial in such ;
secution be legal evidence thereof.(a)
8, On the death of a licensed person the execuion
administrators y or the widow or child , ma/y be authoritdi
sell for the remainder of the term of license,] Up«i
death of any person whatever licensed to sell beer or cider vi
the said recited Acts or this Act before the expiraticm d
license, it shall be lawful for the person authorised to
licenses to authorise and empower, by endorsement or othe
as the commissioners of excise shall direct, the ezecdtoR'
administrators, or the widow or child of such deceased pel
who shall be possessed of and occupy the dwelling-hooie
premises before used for such purpose, to continue to retial^
and cider in the same house and premises during the notoj
the term for which such license was originally granted, wit'
taking out any fresh license, or payment of any additional '
thereon ; and also at the expiration of such license (p®**. ■
residue of the said term shall be less than three calendar mw*
from the death of the person licensed) to grant a new li^*"*?*
such executors, administrators, or widow, on payment of wj
proper license duty [and entering into the usual Dond]i(6)
(a) See similar sections in 23 Vict. c. 27, s. 22 ; 33 & 34 TieLfc*
8. 14, and notes thereto. ^ .
(&) The effect of this section, which relates to the excise ^eamm
is similar to 23 Vict. c. 27, s. 12, is stated in the notes to the hOKi^
tion. See also Licensing Act, 1872, section 3.
The words loUhin brackets were repealed by 41 & 42 Viet ft «*
Schedole.
3 &4viOT.a 61,8. 16. 235
rsons licensed to retail beer or cider to make entry iLppndz.
excise.— 7 d 8 Geo. 4, c. 53—4 d 5 Will. 4, c. 61.]
rson whatever licensed to retail beer or cider under tlie
3d Act or this Act shall, in manner directed by 7 & 8
63, and by 4 & 5 WilL 4, c. 61, make entry with the
f excise, of every house, cellar, room, and place for
eeping, or retailing beer or cider on pain of forfeiting
ties imposed by the said last-mentioned Act for making
f unentered room or place ; and all beer and cider found
ch unentered house, cellar, room, or place shall be for-
malty on persons licensed to sell beer or cider having
dts, or sweets in their entered premises. Repealed by
; Act, 1872. See Schedule, and section 10.
fficers of excise empowered to enter the premises of
beer retailers.] It shall be lawful for any officer of
all times during the hours in which any house licensed
etail of beer or cider may be kept open, to enter into
ise, cellar, room, or place entered for the storing, keep-
uling of beer or cider, and to make, search for, and seize
ind spirits and sweets which may be found in any such
Uar, room, or place, and to examine all beer or cider
ein.
nd also the houses of persons selling beer at the
lid, or less the quart.'] It shall be lawful for any
excise, during the hours which any house is kept open
le of beer at the rate of one penny halfpenny or after a
the quaxt, to enter into every such house, cellar, room, or
the xeeping or retailing such beer, and to make search
m» all wines, spirits, sweets, and all beer which by law
[iot entitled to sell.
dditional penalty on unlicensed persons selling beer or
'epealei by Licensing Act, 1872. See Schedule.
I Geo. 4 & 1 WilL 4, c. 64, s. 14, and 4 & 6 WilL 4,
, repealed. 'R&peaUd by 11 & 12 Vict. c. 49, s. 16.
burs for opening and closing houses. Repealed by
\ Act, 1872. See Act, 1874, section 3.
istices may mitigate penalties. Repealed by Licensing
L See Schedule, and section 67.
iSU. Additional penalty on unlicensed person sell
Eepealed by Licensing Act, 1872. See Schedule.
21. What shall be deemed foreign wine and w,
be deemed spirits,] All liquor which shall be sold op
sale by any person, whether licensed under this Act
being foreign wine, or under the name by which a
wine is usually designated or known, shall, as against
who shall so sell or offer the same for sale, be deemed
to be foreign wine ; and any fermented liquor contaimi];
proportion than forty per centum of proof spirit shall 1
and taken to be spirits.(6)
22. License to be void on conviction of felony <
spirits without license,] Every person who shall be
of felony or of selling spirits without license shall for c
after be disqualified from selling wine bv retail, and no
sell wine by retail under this Act shall oe panted to t
who shall have been so convicted as aforesaid ; and, if 8
shall, after having been so convicted as aforesaid, take o
any license to sell wine by retail under this Act, the 8
be void to all intents and purposes ; and every person '
after being convicted as aforesaid, sell any wine by reti
manner whatsoever, shall incur the penalty for so doin
license ; and in all such cases, in the prosecution for Uii
of such penalty, a certificate from the clerk of assize or
of the peace, or person acting as such of anj such coii
aforesaid shall on the trial in such prosecution be lega
23 VICT. 0. 27, s. 28. 249
3. Licensed retailers of wine to make entry of houses, Appndz.
With the excise,^ Every person licensed to retail wine
er this Act shall, in manner directed by the laws of excise in
• Ikehalf, make eDtry with the proper officer of excise of every
tey cellar, room, and place for storing, keeping, or retailing of
By on pain of forfeiting the penalties imposed by the statutes
bat behalf for making use of any unentered room or place ;
all wine found in any such unentered house, cellar, room or
<e shall be forfeited.
A. Excise officers empowered to enter the premises of
Hged retailers of wineJ\ It shall be lawful for any officer of
ae, during the hours in which auy house licensed for the
& of wine to be consumed on the premises may be kept open,
liter into every house, cellar, room, or place entered for the
bg^ keeping, or retailing of wine to be consumed as aforesaid^
to make search for and seize all spirits which may be found
i&Tsach house, cellar, room, and place, and to examine all
& kept therein.(6Q
8, Penalty on persons licensed to retail wine hamng
iis in their entered premises.] If any person licensed to
il wine under this Act shall receive into, or keep, or have in
^osBession, in any cellar, room, or place entered for storing,
^in^ or retaiKng wine, any spirits, he shall, in addition to all
t penalties, forfeit the sum of fifty pounds, which shall be
amnated an excise penalty ; and all spirits found in any such
ted cellar, room, or place, shall be forfeited ; and on convic-
of any such licensed person in any penalty for having spirits
ia possession, or for selling or retailing spirits, the license of
person for retailing wine shall become null and void, and
L De 80 adjudged.
J. Standard tneaswres to be used. Eepeakd by Licensing Act,
. See section 8.
f» Hawrsfor opening and closing. Repealed by Licensing Act,
. See section 28, and Act, 1874, ss. 3, 9.
)• Houses closed in case of riot, &c. Repealed by Licensing
1872. See Schedule, and section 23.
\ See power to constables to enter all licensed houses : Licensing
1874, sections 16, 17.
250 WINE AND EEFRESHMENT HOUSE ACT, 1860, S.
Appndx. 29. Penalty on permitting drunkenness. Repealedhj'U
Act, 1872. See Scnedule, and section 13.
30. Penalties recoverable before two jtAstices.] All
ties under this Act, except those denominated excise p
shall be recovered upon the information or complaint of
stable or other peace officer before two justices acting i
sessions, and shall be prosecuted and proceeded for withi
calendar months next after the commission of the off
respect of which such penalty shall be incurred, or wilii
shorter time as may be herein limited with r^ard to a
ticular penalty. [And penalties are specified for first,
and third offence].(a)
31. Justices may adjudge premises disqualified j
of wine,](a)
32. Penalties for offences in refreshment h
Every person licensed to keep a refreshment house nn
Act who shall (without a license for that purpose) sell oi
or suffer to be sold within such refreshment house an]
eating liquor, or shall knowingly suffer any unlawful g
gaming therein, or knowingly suffer prostitutes, thi<
drunken and disorderly persons to assemble at or contirn
upon his premises, or do, suffer, or permit any act in co:
tion of his license, shall, upon conviction thereof before )
tices, pay for the first offence a fine not exceeding forty a
lor the second offence a fine not exceeding five pounoB^
every subsequent offence a fine not exceeding twenty po
be subject to a forfeiture of his license, at uie discretioi
justices before whom he shall be convicted ; and in case
forfeiture of his license, such person shall be disqualified
space of one year then next ensuing from obtaining
license ; and such &esh license, if obtained within 1
year, shall be absolutely null and void to all-intei
purposes.(a).
33. Power to justices to rmtigate penalties.] It
lawful for the justices before whom any person shall be o
of any offence against this Act to mitigate, if they shall »
any penalty incurred for such offence ; provided that wl
conviction shall take place on any information exhibite
(a) Repealed by Licensing Act, 1872, as to houses selling
•eating liquors.
23 VICT. c. 27, s. 35. 251
\ of excise such penalty shall not be mitigated to any sum A ppnd x»
d one-fourth part thereo£(&)
Appeal to the sessions against a second or third
ionJ] Provided always, that it shall be lawful for the
»nyicted of any such second or third offence to appeal to
sial or quarter sessions of the peace.(c)
Court to adjudge costs of appeal in certain ca^es.]
'er it shall happen that any appeal in pursuance of this
n be dismissed, or that the judgment appealed against
afi&rmed, or that such appeal shall be abandoned, it shall
ol for the court to which such appeal shall have been
' intended to have been made, ana such court is hereby
I to adjudge and order that the party so having appealed,
ig entered into such recognizance, shall pay to the justices
whose judgment such appeal shall have been made or
1 to be made, or to whomsoever they shall appoint, such
way of costs as shall in the opinion of such court be
.t to indemnify such justices from all costs and charges
ver to which such justices may have been put in conse-
of the intention or declared intention of such party to
and if such party shall refuse or neglect to pay forthwith
n, it shall be lawful for the said court to adjudge and
at the party so refusing or neglecting shall be committed to
mon gaol or house of correction, there to remain until such
paid, or for any time not exceeding six calendar months,
tuch sum be sooner paid; and in every case in which the
it so appealed against shall be reversed, it shall be lawful
. court (if it shall think fit) to adjudge and order that the
r of the county or place in and for which such justices,
udgment shall have been so reversed, shall have acted on
sion when they shall have given such judgment shall pay
justices, or to whomsoever they shall appoint, such sum
in the opinion of such court be sufficient to indemnify
stices from all costs and charges whatsoever to which
epealed by Licensing Act, 1872, as to houses selling intoxicating
See also Licensing Act, 1874, section 12, and notes, aTUe, p. 164.
epealed by Licensing Act, 1872, as to houses selling intoxi-
(raoFB. The appeal in snch cases is now regulated by the Sam-
n»diction Acts, 42 & 43 Vict. c. 49, and 47 & 48 Vict. c. 43,
101. And it is the same where the penalties are for excise
: B. V. Qlamorgannhire JJ., 22 Q. B. D. 628 ; 63 J. P. 294 ;
M. G. 93.
252 WINE AND REFEESHMBNT HOUSE ACT, 1860, 8
Appndx. ^cy ^^y l^^ve been so put ; and the said treasnier if
— authorised to pay the same, which shall be allowed to
bis accounts.(a)
36. Proceedings on appeal to be carried onbyi
stable, and the expenses of prosecution to be cha
county rates,"] In eveiy case in which any appeal shall
by any person convicted of any offence under the provi
this Act to the general or quarter sessions, it shall be la
the convicting justices, if no other fit and proper pew
appear to prosecute such charge, and to carry on such pro
as may be necessary to obtain at such session an adju
thereon, to order that a constable of the city of Londo
force, within the city of London and liberties thereof, oi
stable of the metropolitan police force within the metr
police district, or if elsewhere, the superintendent or ini]
police of the district, or the constable or other peace offio
parish or place in which the house kept by tne person
ijhall be situate, as to the said justices shall seem fit, sha
on all proceedings necessary to obtain such adjudication i
said, and to bind any such constable, or the said siip^iii
or inspector of police, or other peace officer, in a sumciei
nizance so to do ; and it shall oe lawlul for the justice
whom such offender shall have been convicted, to order 1
surer of the county or place in and for which such justic
then act to pay to such constable, superintendent, inspector,
peace officer, and to the witnesses on his behalf, sucn sum
of money as to the court shall appear to be sufficient to re
them respectively the expenses which they shall have I*
rally put to in and about such prosecution, which order t
of the peace is hereby directed and required forthwith 1
out, and to deliver to such constable, superintendent, insp
other peace officer and witnesses respectively ; and t
treasurer is hereby authorised and required, upon sight
order, forthwith to pay to the person authorised to reo
same such money as aforesaid, and the said treasurer
allowed the same in his accounts.(&)
37. Potver to justices of the peace to summ
nesses.] (c)
(<i) Repealed by Licensing Act, 1872, as to houses 8elliii(
eating liquors. See notes, ante, p. 213.
(5) Repealed by Licensing Act, 1872, as to houses sellin
eating liquors. See notes, antej p. 215.
(^) Repealed by Licensing Act, 1872, as to houses sellinj
eating Uquors. In other respects superseded by repeals in 32 &
c. 27, Sched., and 46 & 47 Vict. c. 39, Sched., and by ezisti]
sions in Summary Jurisdiction Acts.
23 VICT. 0. 27, s. 42. 253
Penalty on witnesses refusing to attend.^ Any person ^nnndy-
oned as a witness to give evidence before the said Lord —
' or alderman, or any justices or sessions, touching any
!8 ansing under this Act, either on the part of the com-
nt or of the person accused, or of any person interested in
ich matter, who shall n^lect or refuse to appear at the time
lace for that purpose appointed, and who shall not make
easonable excuse for such neglect or refusal as shall be
tod and allowed by such Lord Mayor or alderman or jus-
(r fleesions, or who appearing shall refuse to be examined on
or affirmation and give evidence, shall, on conviction,
and pay any sum not exceeding ten pounds for every such
, Penalty for harbouring constables,'] {e)
, Penalty on drunkards guilty of riotous or indecent
riomr.] if)
, Penalty on drunken and disorderly persons refusing
it.'] Any person who shall be drunk, riotous, quarrelsome,
iraerly in any shop, house, premises, or place licensed for
le of beer, wine, or spirituous liquors by retail to be con-
i on the premises, or for refreshment, resort, and entertain-
onder the provisions of this Act, and shall refuse or neglect
t Buch shop, house, premises, or place upon being requested
lo by the manager or occupier, or his agent or servant, or by
instable, shall, on conviction thereof before one justice, be
to pay a fine not exceeding forty shillings ; and all con-
i are nereby authorised, empowered, and required, on the
id of such manager, occupier, agent, or servant, to assist in
ing such drunken, riotous, quarrelsome, and disorderly
ifl from such shops, houses, premises, and places. (^)
, Provisions of 11 ^ 12 Vict, c, 43, to be applied in
ecovery of penalties under this Act,] And with regard
pentdties incurred under this Act, except the penalties
I denominated excise penalties, all the provisions contained
i Act 11 & 12 Vict. c. 43, relating to proceedings for the
See notes to last section.
Bepealed by Licensing Act, 1872, and see section 16 of that
See last note, and Licensing Act, 1872, section 12.
Bepealed by Licensing Act, 1872, as to houses selling intoxi-
' fiqnors.
254 WINE AND REFRBSHMBNT HOUSE ACT, 1860, 8. '
Apmidx. Kcovery of penalties by summary conviction, and to a]
— against such convictions, and the levying and enforcing of]
ties, and the costs of such proceedings, shall be appHed and ]
force in relation to the penalties by this Act impo8ed.(a)
43. Sow excise penalties under this Act a/re to I
covered, dc] The penalties imposed by this Act denom
excise penalties shall be recovered, levied, mitigated, and a
by the same ways, means, and methods, and in like man
penalties may be recovered, levied, mitigated, and applied
the laws of excise in that behalf.(6)
44. Covenants against houses , dc, being used as f
houses to extend to persons licensed to sell urine undi
Act,] Provided always, that any covenant or clause of reek
contained in any lease or contract between a landlord and t
whereby the trade or business of a vintner is prohibitet
being carried on in any house, building, or place mentio
comprised in such lease or contract, or whereby any such
builoing, or place is prohibited from being used as a public-
shall be construed to apply and extend to every person wb
be licensed to sell wine to be consumed on the premisea won
provisions of this Act, and to any house specified in the !
ranted to such person.(c)
45. Act not to affect the two Universities, or theVt
Company in London, or the borough of St. Alban*8.] (<
46. Extent of Act.] This Act shall not extend to Sc
or Ireland,
Form of refreshment house license.] (e)
(a) Repealed by Licensing Act, 1872, as to houses aeUing
eating liquors, and see 42 & 43 Vict. c. 49, s. 53.
(ft) The recovery of excise penalties also may now be rec
under the Summary Jurisdiction Acts, 42 k 43 Vict. c. 49, a. 53
(c) See notes to 1 Will. 4, c. 64, s. 31, ante, p. 223, as to
covenants.
(d^ See a similar section in 9 Geo. 4, c. 61, s. 36, and lioenaii
1872, section 72.
(p) The schedule to this Act contained a form of a lefreal
house license. See the form now used in Appendix to this Tohu
24 & 25 VICT. c. 21, s. 3. 255^
Appndx.
24 & 25 Vict. Cap. 21. —
for granting to "Bier Majesty certain duties of
vnd Stamps, [28th June, 1861.]
vr to licensed dealers in spirits taking aiit am
license to retail and send out foreign or British
less quantities than two gallons,] Any person duly
a dealer in spirits in England may take out an addi-
se authorising nim to sell by retail foreign or British
ny quantity not less than one reputed quart bottle, or,
1 liqueurs, in the bottles in which the same may have
ted, not to be drunk or consumed upon the premises
the section repealed by 43 & 44 Vict c. 24, Sched.).(/)
nses may be granted for the sale of table beer by
to be drunk on the premises.] It shall be lawful for
to take out a license for the sale in any house or shop
jr, at a price not exceeding the rate of one penny half-
quart, and not to be drunk or consumed on tne premises
, and it shall not be necessary to the obtaining of such
; the said house or shop shall be rated to the relief of
any amount (f/)
Bchednle to the Act imposed a duty on this additional retail
9 of SI. Ss. Residence of the holder of the license on the
mises is not a necessary condition to this license : R, y.
; Jt. V. Glamorgangkire J J, 1 Q. B. D. 55 ; 45 L. J. M. C.
r. 726 ; 24 W. R. 343 ; 40 J. P. 150. The applicant must,
pplication, have taken out the dealer's license in respect of
t tor which he seeks the additional license ; but he need not
K) before he gave the necessary notices previous to the
Hence, where at the general licensing meeting the appli-
for want of the dealer's license, but immediately ^ve fresh
I then took out the dealer's license before the adjournment
held entitled to the certificate : Ex parte Maugham^ R. v.
7., 1 Q. B. D. 49 ; 45 L. J. M. C. 36 ; 40 J. P. 39 ; 33 L. T.
. R. 205.
Id, that a grocer who sells spirits under this licence does not
reach of the covenant in his lease against using the premises
•.house, or for the retail of spirits : Jones v. B(me^ 39
)6 ; L. R. 9 Eq. 674. But see ante, p. 223, 1 Will. 4, c. 64,
otes.
est of this section is repealed by 32 & 33 Vict. c. 27, Schedule.
256
INLAND REVENUE ACTS.
Apondx.
24 & 25 Vict. Cap. 91.
AN ACT to amend the Laws relating to the Inla/nd
[6th August,
186L]
8, Persons not compellable to take out refreshmeni
license for a house not kept open after ten o'clock at
For the amendment of two several Acts passed in the last i
of Parliament, chapter twenty-seven and chapter one handnil
seven, be it enacted, that no person shall be compellable to f
out a license under either of the said Acts to keep a refreahr
house, whose house, room, shop, or building shall not be
open for public refreshment, resort, and entertainment aftv
hours of ten of the clock at night ; and the said Act sballliei
and construed as if the word " ten " had been substituted
word " nine " in the sixth section of the said Acts respectii
9. Lower rate of duty on refreshment house lieenttti
houses under 30Z. annual value — Allowance of dut/g
for refreshment hov^e license to he made on taking oiU
license,'] And in lieu of the duties chargeable under the
last-mentioned Acts respectively for every license to keif
refreshment house there shall be charged the following dntM|
that is to say, —
If the house and premises in respect of which such licenie i
be granted shall in England oe under the rent and valMj
in Ireland be under the value of thirty pounds a year, ^
duty of ten shillings and sixpence :
And if the same shall be of the rent or value of
a year or upwards, the duty of one pound and one
And whenever any person who shall have taken out a lioeMl
keep a refreshment house, not being a house open after ten o^cii
at night, shall apply for and obtain a license under either d
said Acts to sell therein by retail foreign wine to be conBomedi
The jastices have now an absolute discretion to refuM this fieVM
32 & 33 Vict. c. 27, s. 8 ; 46 & 46 Vict. c. 34. 1
The schedule to the Act imposed a duty of 6«. on this ezdee t a M i-t^
license. ]
(a) The word "ten " was substituted for " nine " in the sedkirfj
23 Vict. c. 27, 8. 6, ante, p. 243.
24 & 25 VICT. 0. 91, s. 10. 257
onse, he shall be allowed an abatement at the rate per AppncbL
hereinafter mentioned from the duty chargeable for such —
intioned license in respect of the same period of time or
L of the year for which he shall take out the said license to
nne ; (that is to say), —
£ 8, d,
are the house and premises in respect of which
eh licenses shall be granted shall in England be
ider the rent and value, or in Ireland under the
Ine of thirty pounds a year, an abatement of - 7 4
where the same shall be of the rent or value of
irty pounds or upwards an abatement of(6) - - 17 10
ed always, that if any person to whom any such abatement
esaid shall have been made on taking out a wine license
ceep open his house as a refreshment house, or shall sell
1 any wine or other refreshment after the hour of ten of the
it night, he shall be deemed to keep a refreshment house
It taking out and having in force a proper license in that
; and also in respect of any wine sold by him after the
foresaid, he shall oe deemed to have sold the same without
I a proper license in force duly authorising him in that
, and shall forfeit the penalties imposed for such offences
ti.vely, by the ninth ana nineteenth sections of the said Act
last session of Parliament, chapter twenty-seven.(c)
Persons licensed to retail beer not precltuied from
1 out vnne licenses.^ And whereas an Act was passed in the
Bsion of Parliament, chapter twenty-seven, for granting to
liajesty certain duties on wine licences and refreshment
\f and doubts have arisen whether persons licensed to retail
1 England are precluded from taking out or having granted
(n a license for the sale of wine under the said Act : for the
al of such doubts be it declared and enacted, that nothing
said Act or in any other Act or Acta* contained shall be
jed, deemed, or construed to preclude or disqualify any
L from taking out or having granted to him any license for
Le of wine under the said Act of the last session of Parlia-
S reason or on account of his being licensed for the sale of
jr any Act or Acts in that behali.(d!)
The above abatement was repeated by 39 & 40 Vict. c. 16, s. 4.
K> 43 & 44 Vict. c. 20, postj as to the duty.
See Licensing Act, 1872, section 28, as to hoar of closing, and
18 45, 46, and 47 as to mode of estimating yaloation.
And the same rale applies to the spirit dealer's retail licenses as
e off-licenses, 35 k 36 Vict. c. 94, s. 69.
S
258 INLAND EEVENUB ACTS.
Appndx. 11, Persons liable to retail wine not to he
— to penalty under the Beer Acts for hwoing
sweets in possession,"] No person licensed for the sale of
under the Act passed in the last session of Parliament^
twenty-seven, shall be subject or liable to any penalty or fo
under any Act relating to the retailing of b^er by reas(m ef
account of his selling, dealing in, retailing, or receiving into^
having in his possession, any wine, or sweets, or made wineL
mead, or metheglin, anything in any such Act or Acts as I
mentioned to the contrary notwith8tanding.(a)
13. Exemptions as to the sale of beer or spirits at id
or races not repealed by 23 d 24 Vict, cc, 113, 114.] (6)
14. All licenses granted wnder the Acts relating to i
retailing of beer to expire on the 10th October ineachytm
Whereas the licenses authorising the retailing of beer gml
under the authority of three several Acts passed lespectifl
in the first year of the reign of His late Majesty King WiDii
the Fourth, chapter sixty-four, in the fourth and fifth yean cf I
same reign, chapter eighty-five, and in the third and foartli !•
of the reign of Her present Majesty, chapter sixty-onfl^ I
directed by the first of the said Acts to be dated on the day iA
the same shall be granted, and to expire at the end of tml
calendar months after the day on which such licenses dnfl I
dated, and it is expedient that all such licenses should ezpiit <
one and the same period of the year : Be it enacted that eiV
license taken out under the said recited Acts shall be isii
from the day of the date of such license until the tenth diy i
October next following the granting thereof ; and every pa*
who shall take out a license under the said Acts for die nnttii
(a) The statate, 4 & 5 Will. 4, c. 85, s. 16, provided that tboM bM
Ucenses to retail beer should not be authorised to hold retail ^ait0^
for wine, spirits, or sweets. This section has been said meicij vi I
preclade a beerhoase keeper as such from obtaining a wine liooiM^^
that it does not of itself entitle him to it : R, v. Kijig or Mdnelimt
JJ,, 20 Q. B. D. 430 ; 62 J. P. 164 ; 57 L. J. M. C. 20 ; 68 L.T.H'
36 W. R. 600.
(&) This section kept alive any existing exemptions as tonDill''
fairs and races, notwithstanding 23 & 24 Vict. cc. 113, 114. Thii'
23 & 24 Vict. c. 114, was repealed by 43 & 44 Vict. c. 24. Seeao»J
to fairs and races, Licensing Act, 1874, section 19 ; also 25 ft '
Vict. c. 22, s. 13 ; 26 & 27 Vict. c. 33, ss. 19, 21 ; 27 & 28 Vict c 18,ii
25 & 26 VICT. c. 22, s. 13. 259
l>e entitled to the same on payment of a proportionate part Appndz.
« duty thereon in the same manner as a person conmiencing —
Se or Dusiness for which an excise license is re(|uired, may
take out a license nnder the provisions contamed in the
nteenth section of the Act passed in the sixth year of the
i of King Q€»rge the Fourth, chapter eighty-one.(c)
25 & 26 Vict. Cap. 22.
ACT to contirme certam Duties of Customs and Inland
Bevemie for the service of Her Majesty, and to grant,
dUer, and repeal certain other Duties.
[Srd June, 1862.]
12, So rrmch of any Act as permits sale of beer at fairs,
1 without license repealed,] So much of any Act as permits
» sale of beer, spirits, or wine at fairs or races without an excise
shall he and the same is hereby repealed.((Q
18. OccoMonal license may be granted to victiiallers to
Iheer, spirits, dc, at such time and place as the Com-
moners of Inland Bevenue shall approve.] It shall be
rftd for the Commissioners of Inland Revenue, whenever they
ill consider it conducive to public convenience, comfort, and
kr, and with the consent in writing of t^o justices of the
lee usually acting at the petty sessions for the petty sessional
dnon within which the place of sale is situate, to authorise
f officer of excise to grant to any person who shall be duly
iiorised to keep a common inn, alehouse, or victualling-house,
I who shall have taken out the proper excise licenses to sell
wan beer, spirits, wine, or tobacco, an occasional license under
9) This made all retail beer licenses conform to the rale laid
m M to publican's licenses by 9 Geo. 4, c. 61, s. 13, ante, p. 201.
ome parts of this section are left out, being repealed by 38 k 89
t.e.60.
lO See 26 & 27 Vict. c. 33, s. 21.
Ids Act put an end to all customs in localities to sell at f&in
boat a license : Huxham v. Wheeler, 3 H. & C. 75 ; 33 L. J. M. C.
1 ; 10 L. T. 342.
s2
260 INLAND EEVBNUB ACTS.
Appndz. this Act empowering him to sell the like adddeBfor iAak\
— shall have taken out such licenses as aforesaid at any mA. of
place, and for and during such space or period of tisM^
exceeding three consecutive days at any one time, as tk i
commissioners shall approve, and as shall be speofied ii i
occasional license; and any person who shall naTe IbIbk
such occasional license shall not be liable to any penaltr (X 1
feiture whatever by reason or on account of hia aeuiiig '
articles mentioned in the said license during the time and di'
place specified therein ; provided that no such occasional I'
shall authorise the sale of any beer, spirits, or wine,
during the hours after sunrise and before sunset ; and pi
that the said license shall not protect any such person in tki
of any of the articles herein mentione(^ unless he shall ifc
time of such sale produce such license when requested to do
by any officer of excise, or by any constable or police officer ;
shall any such license be granted for the sale of any of the i
herein mentioned on any Sunday, Christmas Day, orGtood!
or on any day appointed for a public fast or thanksgiving ;
vided also, that the provisions of this clause shall not
Scotland.(a)
15. Licenses granted under 23 Vict, c. 27, and 23 i
Vict, c, 107, may he transferred as other excise licenm •
case of the removal of the licensed person,] The piuuMiM
contained in the twenty-first section of the Act passed iafti
sixth year of the reign of King George the Fourth, dtiflV
eighty-one, relating to the transfer of excise licenses in the AM
of the removal of auy person from the house or premises al iHwh
he shall be licensed under that Act, shall be and the same ■•
hereby extended to licenses granted under the Act paned ift iki
twenty-third year of the reign of Her present Majesty, ckifiB
twenty-seven, and the Act passed in the twenty-third and twMljf'
fourth years of Her said Majesty's reign, chapter one hmidni
and seven, respectively : Provided that no license granted
(«) See 26 & 27 Vict. c. 33, s. 20, which required only the
of one justice, and the law was further altered as there stated.
Where a justice, who was not entitled under this sectioo to nt^
the occasional license, as not " usually acting for the pettj w&itttd
diyision " nevertheless did grant sucn license, it was held tfcil Al
licensed victnaller could not be conyicted of selling without a fiMi^
as the license was good on the face of it : Stevens v. Bmiom. 1 1l &
100; 40 J. P. 484 ; 45 L. J. Al C. 63 ; 33 L. T. 821.
25 & 26 VICT. c. 38. 261
two last-mentioned Acts for the sale of foreign wine AppncbL^
)e consumed npon the premises where the same shall —
L be transferred by the officers of excise, unless the
mch license shall be duly licensed to keep a re&esh-
nor tmless he shall procluce to such officers a certi-
i justice of the peace acting for the city, borough,
ce in which the house and premises are sitiiated, that
does not object to such transfer being made, and
it no such license so transferred shall authorise the
any on the business mentioned therein for a longer
five weeks from the date of such transfer, unless he
meantime have qualified himself to become the holder
of the like kind according to the provisions of the
ve Actfi.(5)
25 & 26 Vict. Cap. 38.
o amend the Laws relating to the Sale of
[17th July, 1862.]
^ section 12 of 24 Geo. 2, c. 40, enacting that
ould be brought to recover any debt for spirittimcs
ess contracted at one time to the amount of 205.
nactment repealed,] Whereas by 24 Geo. 2, c. 40,
iongst other things enacted, that no person or persons
hall be entitled unto, or maintain any cause, action,
r recover either in law or equity, any sum or sums
jbt, or demands whatsoever for or on accoimt of any
g[uors, unless such debt shall have really and boiid
ntracted at one time to the amount of twenty
ipwards, nor shall any particular article or item in
or demand for distilled spirituous liquors be allowed
i where the liquors delivered at one time, and men-
h article or item, shall not amoimt to the full value
illings at the least : And whereas it is expedient that
ed enactment should be repealed so far as is herein-
ned ; Be it therefore enacted by the Queen's most
h section of this statute removed some doabt as to the
"ee vintners of the city of London. See Licensing Act,
d notes.
262
INLAND REVENUE AOTS.
Appndx. excellent Majesty, by and with the advice and consent of
— Lords spiritual and temporal, and Commons, in this
Parliament assembled, and by the authority of the same,
much of the said enactment as is hereinl>efore recited shiH
and the same is hereby repealed, so far only as relates to spii
liouors sold to be consumed elsewhere than on the pi
where sold, and delivered at the residence of the pi
thereof in quantities not less at any one time than a
quart.(a)
(a) The Tippling Act referred to in this section enacts (24
c. 40, H. 12) : *' No person or persons whatsoever shall be entitladi
or maintain any cause, action, or sait for, or recover either in '
equity, any Hum or sums of money, debt, or demands whatsoerer, :
on account of any spirituous liquors, unless such debt shall have :
and bond fide been contracted at one time to the amount of ~
upwards ; nor shall any particular article or item in any
demand for distilled spirituous liquors be allowed or maintained
the liquors delivered at one time, and mentioned in such article or i
shall not amount to the full value of 20s, at the least, and thst
fraud or covin, and where no part of the liquors so sold or dettl
Hhall have been returned or agreed to be returned directly or ii '
and in case any retailer of spirituous liquors, with or withonta
shall take or receive any pawn or pledge from any person or
whatsoever, by way of security for the payment of any sum or i
money owing by such person or persons for such spiritiiooi^
or Htrong waters, every such person or persons offencung herem^
forfeit and lose the sum of iOs, for each and every pawn or
taken in or received l>y him or them, to be levied and
warrant under the hand and seal of one justice of the peace wfasnl
offence is committed, and that one moiety thereof shall be to thi '
of the poor of the piirish where such offence is committed, tad
other moi(>.ty to the informer or informers ; and the person or
to whom any such pawn or pledge doth or shall belong, shall Ii ^
same remedy for recovering such {)awn or the value thereof as if it 1
never been pledged :" 24 Geo. 2, c. 40, s. 12.
The statute 24 Geo. 2, c. 40, was held to apply to spirits
another publican to sell again : JIughss v. Done, 1 Q. B. 294. If ^
aggregate of price for several kinds of spirits exceed 20«., the
did not apply : Owens v. Porter, 4 C. & P. 367 ; nor did it
Hpirits supplied to a guest resident in his house by a hotol
Proctor V. Nicholson, 7 C. & P. 67. If supplied to people dii
tavern the small spirit items could not b« recovered : Bam§fi^
Hutchinson, 6 B. & Aid. 241 ; Hughes v. Done, 1 Q. B. 294.
in some cases, though the demand was not recorerablo, it
allowed on a mutual settling of accounts : CrooksbanM v.
C. &i P. 10 ; Dawsim v. Ilemnant, 6 Esp. 24. If a bill of ex(~
given for the value under 20s., the statute was a good defeneo :
V. Glllmore, 3 Taunt. 226. The vendor of spirits under a(k
diniifl
. 26 & 27 VICT. c. 33. 263
Appndx.
26 & 27 Vict. Cap. 33. ^_
iCT for granting to Her Majesty certain Duties of
Tnland Bevetme ; and to amend the Laws relating to
Oie Inland Bev&rme, [29th June, 1863.]
♦ * * * *
Licensed beer dealers may take out additional license
3 heer by retail not to he consumed on the premises,]
and after the passing of this Act any person who, in
nd or Ireland, shall have taken out an excise license to sell
I beer in casks containing not less than four-and-a-half
1^ or in not less two dozen reputed quart bottles at one
to 1)6 drank or consumed elsewhere than on his premises,
take out an additional license on ])ayment of tbe excise duty
Bponnd one shilling, and five per cent, thereon ; and the
nail authorise such person to sell beer in any less quantity
1 any other manner than as aforesaid, but not to be drunk
mmed on the premises where sold ; and such additional
IS ahall be grant^ without the production of any certificate
Ipoasession of any other qualification than the license herein
ieDtioned.(&)
a payment made by the customer generally to satisfy this
it could not be sued for : Philpott v. Jimes, 2 A. & K 41.
>mity Court Act, 51 & 52 Vict. c. 43, s. 182, no action
b Ixonght or be maintainable in any county or other court to
Iraay debt or sum of money alleged to be due in respect of the
f inj ale, porter, beer, cider, or perry which was consumed on the
JM where sold or supplied, or in respect of any money or goods
jt n^idied, or of any security given for, in, or towards the
ijg OK any such ale, porter, beer, cider, or perry.
iflns retail Ucense was subjected to a valuation qualification
IB70, by 33 & 34 Vict. c. 29, s. 10. But it is not necessary that
' holder reside on the Ucensed premises : R. v. De Rutzen ;
. CUmorganshire JJ., 1 Q. B. D. 55 ; 45 L. J. M. C. 57 ; 33
I'M ; 24 W. R. 343 ; 40 J. P. 150. At the same time, the
ifiecmse and the retail license mast apply to the same premises.
lificate of justices cannot now be obtained at a special transfer
lint only at the general annual licensing meeting : Licensing
"4, section 31 ; 43 Vict. c. 6, s. 2.
Ilie Act 32 & 33 Vict. c. 27, s. 8, a person already holding a
Ne imder 1 Will. 4, c. 64, was entitled also to apply in respect
tBe premises for a beer dealer's additional retail license under
ud vice versa : R. v. Blackhurri J J., 43 J. P. Ill ; 39 L. T.
; now both or either can be refused at discretion : 43 Vict. c. 6 ;
11 Vict c. 34.
!64
INLAND BBVBNUB ACTS.
Appndz. 2. Duty on retail beer licenses taken mt by liomt
victuallers who do not sell spirits.] This duty was deeki
to be Zl. Ss. and 5 per cent, thereon in lieu of the duf^ theni^
18. Licenses granted to refreshment house keepm
retail foreign wine to include the sale of sweets and m
wines.] Every license taken out under the provisioiiB contM
in the two several Acts, 23 Vict. c. 27, and c. 107, lefipectii
by a licensed keeper of a refreshment house, to sdl tneieii
retail, foreign wine, to be consumed in such house or on
premises belonging thereto, shtdl authorise and include tlu
of sweets, made wines, mead, and metheglin, by retail, ti
consumed in the said house or on the said premi8e8.(a)
19. Alteration of duty on a victu^aller's occassional Ucei
In lieu of the duty now chargeable on a victualler's occai
license, specified in Schedule (B.) of the Act 25 & 26 Vict
there shall be charged and paid the following duty ; (thai
saj^
For and upon every occasional license to be granted t
person who shall be duly authorised to keep a commo
alehouse, or victualling-house, and licensed to sell t
beer, spirits, wine, or tobacco, to sell the like articl
which he shall be so licensed at any such other place, a
and during such space or period of time not exceed!
days as shall be specified in such occasional license, tl
of two shillings and sixpence for every day so sped
aforesaid for which the same shall be granted :
Provided always that when any person shall have taken oi
an occasional license for six successive days, and shall d<
take out another occasional license for a time in immedia
cesssion, or only separated by the intervention of Sunda
holidays, then the duty chargeable for every license after tl
and for any number of days not exceeding six, shall not exc
shillings.
20. Alteration of the law relating to occassional lia
Whereas it is expedient to alter and amend the conditic
restrictions upon and under which occasional licenses to se
(a) A license to sell foreign wine, whether held bj a refri
house keeper or not, and whether by wholesale or retail, now i
sweets : 38 & 39 Vict c. 23, s. 9.
26 & 27 VICT. c. 41. 265^
a^ or wine may be granted and used, as provided by the Appndz»
jenth section of the Act passed in the twenty-fifth and twenty-
years of Her Majesty^s reign, chapter twenty-two : Be it
ed as follows : —
That the consent of one justice of the peace, as in the said
section mentioned, only, shall be necessary :
That the hours during wlach such occasional license shall
authorise the sale of any beer, spirits, or wine shall
extend from [such hour not earlier than sunrise until
such hour not later than ten o'clock at night, as may be
specified in that behalf in the consent given by the
justice for the granting of such occasional license.^
That upon the occasion of any public dinner or ball, it shall
be lawful for the person who shall have obtained an
occasional license under the provisions of the said Act
to sell the said liquors during such hours before or after
sunrise or sunset as shall be allowed and specified in that
behalf in the consent to be given by the justice of the
peace for the granting of such occasional license. (6)
, Section 12 of 25 & 26 Vict. c. 22, not to prohibit persons
ed by the excise from selling beer, spirits, or wine at fairs or
26 & 27 Vict. Cap. 41.
iCT to amend the law respecting the Liability of Inn-
eeeepers, and to prevent certain Frauds upon them.
[13th July, 1863.]
2EAS it is expedient to amend the law concerning the liability
ikeepers in respect of the goods of their guests in manner
lafter mentioned: Be it therefore enacted by the Queen's
excellent Majesty, by and with the advice and consent of the
spiritual and temporal, and Conmions, in this present
jnent assembled, and by the authority of the same, as
'B ; (that is to say,)
The words within brackets were inserted by the Licensing Act,
J. 19.
consent of the justice here mentioned implies that he has a
ion, and that he does not act ministerially.
The law as to fairs and races was further altered by 27 & 28
^ 18,8. 5, and Licensing Act, 1874, section 18, so that in all cases
B and races the party attending must get an occasional license
i justice.
266 INNKEEPERS ACT, 1863.
Appndx. 1. Innkeeper not to be liable for loss, dc., heyoni 301,
except in certain cases.] No innkeeper shidl, after the
of tlu8 Act, \)e liable to make good to any guest of such in
any loss of or injury to goods or property brought to hisinn)|
being a horse or other live animal, or any gear appertttB
thereto, or any carriage, to a greater amount thaji a sum of tinrff |
pounds, except in the following cases ; (that is to say,)
(1) Where such goods or properly shall have beeu stolen, Wi
or injured through the wilful act, default, orne^iBd*!
such innkeeper or any servant in his employ :
(2) Where sucli goods or property shall have beendepowj
expressly for safe custody with such innkeeper :
Provided always, that in the case of such deposit it shall be Uwtt
for such innkeeper, if he think fit, to require, as a condition of bl
liability, that such goods or property shall be deposited in ate
or other receptacle, fastened and seeded by the person depootiiK
the 8anie.(a)
(tt) The word " wilful " applies to the word " act " only, and not •»
fault or neglect : Sqvirc v. Wheeler, 16 L. T. 93.
An innkeeper is at common law liable for the safe kee{nngofthl
gucHts' goods, except for loss by the act of God or the king^s enemiM,*
when the gucHt has been negligent : Morgan v. Ravey, 6 H. ft N. Vk\
25 J. W 370 ; ArmUtead v. Wilde, 17 Q. B. 261 ; 16 J. P. 5 ; 20LJ.
M. C. 521 ; CaHhill v. Wriglit, G E. & B. 891 ; 20 J. P. 678. It kill
fact of the person being a guest that makes the innkeeper liable ti
receive the goods, and horse and carriage, and to keep them safe : 9^
V. Dearlove, 6 ('. B. 132. And while the guest is in the hoiue theni
keeper is lx)und to take reasonable care so as to prevent any danger 1<
him : JSafuiyit v. Florenee, 47 J.. J. C. P. 598 ; 42 J. P. 712. Batif ii
the middle of the night a guest wander about the hotel and &U down \
shaft, the innkeeper may be guilty of no neglect : Walker v. MUO/tM
Jtailway (\)vtpa7iy, 51 J. P. 116. If an intending guest leaven good
with an innkee})cr, but never becomes a guest, the innkeeper inemia
such liability lor safe keeping : Strauss v. Ckmivty Hotel, 12 Q. B* I
27 ; 48 J. P. 69 ; 63 L. J. Q. B. 25 ; 49 L. T. 601 ; 32 W. R.1W
The compulsion upon an innkeeper to receive guests applies only t
travellers : see 35 & 36 Vict. c. 94, s. 49, and notes, aiUe, p. 88. J
hotel keeper is liable for the stifety of the guests' goods, because he i
usually an innkeeper : Jofws v. Oxhrrn, 2 Chitt. 434. A boarding-boM
keeper has not the liabilities of an innkeeper : Danjtey v. Jiickiristt
8 E. & B. 144 ; 23 L. J. Q. B. 217. The keeper of a tavern, orplae
where people luive sleeping and boarding accommodation, tlioiigft K
bound to receive any but travellers, yet has the innkeeper's lien ooti
guest's goods if he receive the guest and the goods : Tkomvitm T. Lu\
3 B. & Aid. 283. The liability for the safety of the ffuests^ goods ml
out of the profession of keeping a common inn, which impliea readlMi
to receive travellers if he has accommodation : Holder ▼. 8sM$^
26 & 27 VTCT. c. 41, s. 3. 267
Uion to receive property of gtiests for safe Appndz.
r any innkeeper shall refuse to receive for safe
efore mentioned, any goods or property of his guest,
\i guest shall, through any default of such innkeeper,
> deposit snch goods or property as aforesaid, such
ill not be entitled to the benefit of this Act in respect
\ or property.
! of law, dc, to be conspicuously exhibited,]
jper shall cause at least one copy^ of the first section
printed in plain type, to be exhibited in a conspicuous
all or entrance to nis inn, and he shall be entitled to
r this Act in respect of such goods or property as shall
) his inn while such copy shall be so exhibited. (6)
S4 ; 29 L. J. C. P. 246 ; 8 W. R. 438. Part of a hotel
E a mere refreshment bar or yictnalling-hoiise, as to which
's nsnal Uability does not attach : M. y. Rymer, 2 Q. B. D.
199 ; 46 L. J. M. C. 108 ; 35 L. T. 774 ; 25 W. R. 416.
tel belongs to a compaDj, and the license is granted to the
liabiUty of an innkeeper lies on the company and not on
; Dixon v. Birch, L. R. 8 Ex. 135 ; 42 L. J. Ex. 136 ;
And the keeper's liability would not be aflFected by any
ment to divide his profits with a third person : Day v.
& C. 14 ; 32 L. J. Ex. 171 ; 8 L. T. 205 ; 11 W. R. 375.
oanager who orders liquors without authority cannot bind
Daun V. Simmons, 44 J. P. 264 ; 41 L. T. 783 ; 28 W. R.
ave often arisen as to what acts of the guest will amount
so as to be a defence to the innkeeper, such as the not
I bedroom door before going to sleep : Spice v. Bacon, 2
; 46 L. J. Q. B. 713 ; 42 J. P. 261 ; 36 L. T. 896 ; 26
Oppenheim v. Wliite Lion Co., L. R. 6 C. P. 515 ; 40
; 26 L. T. 93 ; Herbert v. Markwell, 45 L. T. 649 : 46
'here the guest has valuables in his possession, and omits
to the care of the innkeeper, this may be treated as negli-
T. Jackson, 29 L. T. 399 ; 37 J. P. 776.
s verbal error in the copy will not vitiate the notice, if the
I of the Act appear : Spice v. Bacon, 2 Q. B. D. 463 ; 46
13; 36L. T. 896; 42 J. P. 261.
•en of innkeeper, see further, notes to 41 & 42 Vict. c. 38,
} to signboard and premises of licensed persons, 9 Gea 4,
te, p. 207.
taxes, and restrictions o?i innkeepers.] Some exceptional
.iven to innkeepers in reference to taxes.
be necessary for a license to be taken out under 32 & 33
dj any hotel keeper, retailer of intoxicating liquor, or
onse keeper, for any servant wholly employed by him for
i8 INLAND BBVBNUB ACTS.
^fjjiDdz, 4. Interpretation of terms.] The words and trp
— hereinafter contained, which in their ordinary sienificatao
a more confined or a different meaning, shall in tnis Act,
where the nature of the provision or the context of the A
exclude such construction, be interpreted as follows ; th
say, the word '* inn " shall mean any hotel, inn, tayern,
house, or other place of refreshment, the keeper of whid
by law responsi ble for the goods and property of his guet
the word <* innkeeper" shall mean the keeper of any sad
27 & 28 Vict. Cap. 18.
AN ACT to grant certain Duties of Customs am
Bevemie, [13th May, ]
5. Occasional licenses may be granted to per<
hawe taken out licenses under 23 dt 24 Vict. cc. 27
(Befreshment Homes and Wine Betailers); undi
Vict, c. 85 (Beer Betailers); and under 6 Geo.
(Tobacco Betailers).] It shall be lawful for the Com
of Inland Revenue, whenever they shall consider it nee
the accommodation of the public, to authorise any office
to grant (upon payment of the respective duties in tl
the purposes of business : 36 & 37 Vict. c. 18, s. 4. Ant
" male servant " shall not include a servant only employed
each day, and not residing in the employer's house : 39 & 4(
s. 6.
As to the inhabited house duty, every inhabited dwelling-h
with the household and other ofiSces, yards, and garden
occupied and charged, is or shall be worth the rent of 201.
by the year, which shall be occupied by any person who shall
the said dwelling-house the business of a hotel keeper, or ax
or coffee-house keeper, although not licenced to sell there
beer, ale, wine, or other liquors there, shall be charged for e
such annual value of any such dwelling-house the sum oi
34 & 36 Vict. c. 103, s. 31.
An innkeeper or victualler, or one licensed to sell beer bj
any one employed by such is not allowed to hold a licen«
dealer : 1 & 2 Will. 4, c. 32, s. 18. But any innkeeper or ta
may sell game for consumption in his own house, such g\
been procured from some licensed game dealer : Ibid. s. 26.
Restrictions on innkeepers and licensed persons as to all
ment of wages are stated in 46 & 47 Vict. c. 31, and notes,/)
27 & 28 VICT. 0. 18, s. 5. 269
3d in schedule (B.) to this Act) an occasional license in Appndx*
•al and respective cases hereinafter mentioned ; (that is
any person who shall have taken out an excise license
le Act 23 & 24 Vict. cc. 27, 107, respectively, to keep a
ent house, or to sell by retail in a refreshment house
rine to be consumed therein ; or an excise license under
4 & 5 Will. 4. c. 85, to retail beer to be drunk or con-
i or upon the house or premises where sold ; or an excise
nder the Act, 6 Geo. 4, c. 81, to deal in or sell tobacco or
ad every such occasional license shall authorise any such
) aforesaid to exercise and carry on the same trade and
as he shall be authorised to carry on by virtue of the
[ranted under the said Acts respectively as aforesaid at
. place (other than the place for which his original license
.ted), and for and during such space or period of time,
eding three consecutive days at any one time, as the
missioners shall approve, and as shall be specified in such
\X license : Provided that the said occasional license shall
5ct any such person in the carrying on of any such trade
ess as aforesaid imless he shall produce such license
r requested so to do by any officer of excise, or by any
3 or police officer, at the time of exercising such trade
iss ; and provided also, that the conditions and restrictions
i in the twentieth section of the Act of the twenty-sixth
ity-seventh years of Her Majesty's reign, chapter thirty-
lating to occasional licenses, shall apply to the occasional
to be granted under this Act (except in the case of
sQ licenses to sell tobacco or snuff).(a)
16 duty fixed by Schedule (B.) was for occasional license to a
ent house keeper, for each day nil ; for same to retail foreign
be consumed on the premises, per day, one shilling ; same to
ir for consumption on the premises, per day, one shilling,
rther, Licensing Act, 1874, sections 18, 19, arUe^ p. 174, and
V^ict. c 22, s. 13, ante, p. 259.
scasional license here authorised to those holding retail wine
licenses is made subject to the conditions in 26 & 27 Vict.
SO, and one of those conditions is that the license is to be also
o 25 & 26 Vict. c. 22, s. 13, which says the Ucense is not to
iree days. On the other'hand, a publican's occasional license,
ised by 26 & 27 Vict. c. 33, s. 19, is not to exceed six days,
onsent of a justice is needed as well as the authority of the
loners of Inland Revenue : Sdnnant v. Foulger, L. B. 2 Q. B.
L. J. M. C. 119 ; 8 B. & S. 425 ; 15 W. R. 787 ; 31 J. P. 628.
J70 EEFEBSHMENT HOUSES CLOSING ACTS.
Appndx. 27 & 28 Vict. Cap. 64.
AN ACT for further regulating the closing of JNHk
houses and Befreshment Houses within ihit Mw.
politan Police District, the City of LonAm, c«i«i
Corporate Boroughs and other Places.{a)
[25th July, 186i]
Whereas it is expedient to amend the law relating to theddi
of refreshment houses within the metropolitan police distnct^dl
of London, certain corporate boroughs and other places :
Be it enacted by the Queen's most excellent Majesty, lyfl
with the advice and consent of the Lords spiritual and tempoB
and Commons, in this present Parliament assembled, and nfi
authority of the same, as follows : —
1, Short title.] This Act may be cited for all pnipowBait
" Public-house Qosing Act, 1864."
2. Limits of Act,] {b)
3. Definition of " corporate borough,** dc] Bepuki
38 & 39 Vict. c. 66.
4, Definition of ''refreshment houses,** dc] "Befre
ment house " shall in this Act have the same meaning as it hii
the Act 23 Vict. c. 27, s. 6.
Excisable liquor shall mean any spirits, foreign wine, U
cider, sweets, or made wines, defined by the Acts relating to
excise.(c)
(a') This Act wa« repealed by Licensing Act, 1872, except
regards houses not selling intoxicating liguors. See Schedule,!
section 24. The Act so far as unrepealed, has to some extent b
altered by Licensing Act, 1874, section 11, ante^ p. 163. Thwit
been extended to the whole of England instead ot bemg r e slri c t ri
the metropolis.
The Licensing Act, 1872, schedule, also repealed the prior Acli
to the sale of liquors on Lord^s Day, viz., 11 & 12 Vict c 49, i
18 & 19 Vict, c 118.
(b) Now extended to all England by 37 & 38 Vict, c 49, 9. 11.
(<t) See 23 Vict. c. 27, s. 6, and notes, afUe, p. 242.
27 & 28 VICT. c. 64, s. 9. 271
As to the closing of refreshment houses,] No person Appndz,
I the limits of this Act shall open or keep open any refresh-
house or sell or expose for sale or consumption in any
mient house any refreshments or any article whatsoever
an the hours of [the night or morning at which premises
id for the sale of intoxicating liquors by retail, situate in
me place as such refreshment houses, are required to be
] and four o'clock in the morning.
r person acting in contravention of this section shall be
to a penalty not exceeding five pounds, to be recovered in a
ary manner as provided by the Act 11 & 12 Vict. c. 4Z,(d)
Occasional license.] If any keeper of a refreshment house
resaid within the limits of this Act applies to the local
ities hereinafter mentioned for a license exempting him
he provisions of this Act on any special occasion or occa-
it shall be lawful for the local authority, if in its discretion
ks fit so to do, to grant to the applicant an occasional license
ting him from the provisions of this Act during certain
and on a special occasion or occasions to be specified in the
i ; and no Keeper of a refreshment house to whom an occa-
license has been granted under this Act shall be subject to
malty for a contravention of this Act during the time to
this occasional license extends, but he shall not be exempted
h occasional license from any penalty to which he may be
t under any other Act of Parliament.
Definition of " local authority.'*] The following persons
odies of persons shall be deemed to be local autnorities
e of granting occasional licenses for the purposes of this
:hat is to say : —
In the metropolitan police district, the commissioner of
police for the metropolis, subject to the approbation of
one of Her Majesty's principal secretaries of state :
In the city of London and the liberties thereof, commis-
sioner of city police, subject to the api)rol>ation of the
Lord Mayor of the said city :(e)
As to adoption of Act by corporate borough.]
ed by 38 & 39 Vict. c. 66.
The words within brackets were inserted by the Licensing Act,
\7 & 38 Vict. c. 49, s. 11, ante, p. 163.
Part of this section repealed by 38 & 39 Vict. c. 66. And the
authority " was defined by 28 & 29 Vict. c. 77, s. 5, 2?oMt, to mean
more justices in petty sessions.
272 BErRESHMENT HOUSES CLOSING ACTS.
Appndx. 10. Not to apply to sales at railway stati/m
one andfov/r in the morning,] Nothing herein contaiiwdi
apply to the sale at a railway station between the honnol
and four o'clock in the morning of refreshments to
arriving at or departing from such station by railioad^a)
28 & 29 Vict. Cap. 77.(6)
AN ACT to amend the Act of the Twenty-seventh
Twenty-eighth Victoria, Chapter Sixty-fov/r,
called '' The Public-house Closing Act, 1864."
[29th June, 1865.]
Whereas it is expedient to amend " The Public-house
Act, 1864 :" Be it therefore enacted by the Queen's most ex(
Majesty, by and with the advice and consent of the Lords
and temporal, and Commons, in this present Parliament
bled, ana by the authority of the same, as follows : —
1. Short title.] This Act may be cited for all puipow
" The Public-house Closing Act, 1865."
2. Power to justices to grant licenses to refreSi
house keepers suspending operation of recited Act,] It 1^1
be lawful for the licensing justices at the time of grantiag •
renewing any license, upon the production of such evidenee •-
they shall deem sufficient to show that it is necessary or desinttib
for the accommodation of any considerable numl)er of penoH
attending any public market, or following any lawful trade cr
calling, if, in tne discretion of such justices, they shall think i^
to grant to any keeper of a refreshment house(c) whose pkce i
business is in the inmiediate neighbourhood of such market, ortf
the place where the persons follow such lawful trade or calliq^t
license exempting him from the provisions of the hereinbefei*'
mentioned Act between the hours of two and four o'clock in ^
(a) See also Licensing Act, 1874, section 10, ante, p. 159.
(ft) This Act was repealed by Licensing Act, 1872, as regW*
houses selling intoxicatifig liquor. As to reSoshment hooses it iiftti
in force.
(&) As to what houses are refreshment houses within the mauaa%^
these Acts of 27 & 28 Vict. c. 64, and 28 & 29 Vict c 77, see nottf ^
23 Vict. c. 27, s. 6, ante, p. 242.
28 & 29 VICT. c. 77, s. 6. 273
*r any part of such hours, during such days, times, or Appndz.
lall be specified in such license ; and no keeper of a
t house to whom such license has been granted under
eJI be subject to any penalty for a contravention of the
Te-mentioned Act during the days or times to which
3e extends, but he shall not be exempted by such
n any penalty to which he may be subject under any
)f Parliament ; provided that a printed notice stating
id special hours during which, and the class of persons
the house is open under such license shall be affixed in
)us position outside the house.
er to withdraw such license.] It shall be lawful for
es, from time to time, as and when it may seem fit to
ir to withdraw such license altogether, or to alter, vary,
:he same in such manner as such justices may deem
>r expedient.
to be in force in certain districts, dc] RepecUedhy
ct c 66.((0
ices of the peace to grant licenses.] So much of
clause of the said recited Act as defines the local
to be a commissioner, superintendent, or other chief
olice shall be repealed, and instead thereof the local
jhall be, in any district, city, or town where petty
i held, except in the metropolitan police district, two
the peace sitting in petty sessions, and in any other
by, or town, two justices of the peace acting in the
y, or town.
to be construed with recited Act.] This Act shall be
)nstrued, and taken as part of the said hereinbefore-
Act
Act 27 & 28 Vict. c. 64, was by the Licensing Act, 1874,
led to all England as regards refreshment honses not selling
; liquors.
!74 INIAND EBVENUB ACT, 1861, 8. 18.
Lp|^ INLAND EBVENUB ACT, 1861.
30 & 31 Vict. Cap. 90.
17. Pefnalty upon imlicemed persons {not being traio(Bi
for licensed persons) soliciting orders for spirits, wine, h
If any person shall solicit, take, or receive any order for spm
wine, or other article, for the dealing in, retailing, or 8^
whereof an excise license is by law reqnired, without havini
force a proper excise license authorising him so to do, bed
forfeit the penalty imposed by law upon a person dealing
retailing, or selling such article without having an excise lifll
in force authorising him so to do ; and in any case in whid
place of business or residence of the offender shall not be kn
to the officer of excise who shall exhibit any information foi
recovery of such penalty as aforesaid, or, if ^own, shall be oi
the United Kingdom, it shall be sufficient service of tben
and summons required to be given to a defendant by anyli
excise if the same be left at the house or place where the oie
shall have solicited, taken, or received any such order as afoif
addressed to such offender : Provided always, that nothing bi
contained shall be deemed to apply to the sale of any vpn
foreign wine while the same shall be and remain in the ward
or warehouses in which the same shall have been depa
lodged, or secured according to law, before payment of duty
the importation thereof, where such spirits or foreign wine
be sold in a quantity not less than one hundred gallons tl
time, or to impose a penalty upon a bond fide traveller takmgo
for goods which his employer is duly licensed to defJfi
8ell.(a)
18. Beduction of duty on licenses to retailers of m
lated spirit.] After the first day of October in the year d
Lord one thousand eight hundred and sixty-seven tiie annual
payable upon a license to be taken out by a retailer of methy
spirit under the provisions contained in the Act 24 & 25
c. 91, shall be the simi of ten shillings.(&)
(a) See as to this, Act, 1872, and notes, ante, p. 4.
(^3 See 48 k 44 Vict. c. 2iypost.
32 & 33 VICT. c. 27. 275
:NE and BEEBHOUSE act, 1869. Appndx.
32 & S3 Vict. Cap. 27.
to amend the Law for Licensing Beerhouses, and
Ice certain alterations with respect to the Sale by
I of Beer, Cider, and Wine.
[12th July, 1869.]
b^ the Acts relating to the general sale of heer and
kail in England ; (that is to say,)
Let of 11 Geo. 4 and 1 Will. 4, c. 64 ;
Lctof4&5 WilL4, c. 85;
Lct of 3 & 4 Vict. c. 61 ;
LCt of 24 & 25 Vict. c. 21 ;
8 made for the grant of licenses by the excise for the
iil of beer and cider upon the terms and conditions
cified :(c)
ereas by an Act of 26 & 27 Vict. c. 33, it is enacted,
erson who after the passing of that Act has taken out
license to sell strong beer in casks containing not
)ur-and-a-half gallons, or in not Icvss than two dozen
art bottles, at one time, to be drunk or consumed else-
i on his premises, may take out an additional license
it of the excise duties therein mentioned, and that the
authorise such person to sell beer in any less quantity
other manner tnan as aforesaid, but not to be dnmk
jd on the premises where sold, and that such additional
Q be granted without the production of any certificate,
beer licenses mentioned in this recital, whether those
der the Beerhouse Acts (1 Will. 4, c. 64 ; 4 & 5 Will. 4,
t Vict. c. 61), or those called the beer dealer's additional
e obtained under 25 & 26 Vict. c. 33, or the table-beer
ined under 24 & 25 Vict. c. 21, s. 3, have all been affected
tutes (43 Vict. c. 6 ; 46 & 47 Vict. c. 34,^70*^), which have
: giving the Ucensing justices the same discretion as they
) had with respect to alehouse licenses under 9 Geo. 4, c. 61.
s to all beerhouses, except those in-door houses continuously
ce 1869 : 32 & 33 Vict. c. 27, s. 19 ; and except cider-
sed under the Beerhouse Acts.
T 2
276 WINE AND BEERHOUSE ACT, 1869, 8. 5.
Appndx. or the possession of any other qualification than the lioenaethflMij
— first mentioned (26 & 27 Vict. c. 33) :
And whereas provision is made for the grant of licenses W 1
excise for refreshment houses and for the sale of wine\»y
and for other purposes, by an Act of 23 & 24 Vict c 27 :
And whereas it is expedient to make better providoii
regard to the granting of the licenses hereinbefore mentioned, otj
for regulating the houses and shops in which beer, cider, uk\
wine are sold by retail :
Be it enacted by the Queen's most excellent Majesty, Ijyi
with the advice and consent of the Lords spiritual and temponli^
and Commons in this present Parliament assembled, and Vf tli^
authority of the same, as follows : (that is to say,) —
1. Application of Act] This Act shall not apply to SooUai'
or Ireland.
2. Definition of *' beer'* and *' cider.**] For the poinMi
of this Act the term " beer" shall include ale and porter, and tli
term " cider" shall include perry.(a)
3. Short title.] This Act may be cited as « The Wine ol
Beerhouse Act, 1869.''
4. Betail licenses not to be granted without certifieeU
granted under this Act.] From and after the fifteenth of Jnl^i
one thousand eight hundred and and sixty-nine, no liceiueor
renewal of a license for the sale by retail oi beer, cider, or wii^
or any of such articles, under the provisions of any of the Mid
recited Acts shall (save as in this Act otherwise provided) te
granted except upon the production and in pursuance of tfci
authority of a certificate granted under this Act
Any license granted or renewed in contravention of this fouir
ment shall be void.(6)
5. Certificates by whom to be granted, — ^9 Qeo. 4, e. RLJ
Certificates under this Act shall be granted by the juitiw
(a) The word beer now includes botanic beer, or liqaor breweifrflB
sugar and water, which contains spirit to the extent of 6 or 7 per effti
and therefore an excise license is required for selling such loxfttt'
48 & 49 Vict. c. 51, s. 4 ; HowaHh v. Minns, 51 J. P. 7. The kOM
Act was otherwise : Leah v. Minns, 47 J. P. 198.
(h) The mode of obtaining the certificate is the same as in ciieifs
license under the Act 9 Geo. 4, c. 61, s. 1, ante, p. 188. This oertiMl
is not required for a wine dealer's additional retail license, or a vA
dealer's retail license under certain circumstances : licensiiig Adilw^
section 73, ante, p. 127.
32 & 33 7ICT. c. 27, s. 7. 277
i at the general annual licensing meeting held in pur- Appndz.
an Act of the session of the ninth year of the reign of —
age the Fourth, chapter sixty-one, intituled " An Act to
;he granting of licenses to keepers of inns, alehouses, and
kg houses in England," or at some adjournment of such
leld in pursuance of the said last-mentioned Act. [The
is section was repealed by 33 & 34 Vict c. 29, s. 4.](c)
rm of certificate. 1 A certificate under this Act shall
le name and address of the person thereby authorised to
license, the description of license or licenses authorised
ated to him, and whether such license or licenses ie or
granted for the sale of beer, cider, or wine to be con-
i or off the premises, and the situation of the house or
"espect of which such grant is authorised. It shall be
I) for one year from the date of its being granted. [The
tiie section is repealed by Licensing Act, 1872 ; see
tice of application.] Every person intending to apply
)tices for a certificate under tnis Act shall, twenty-one
ist before he applies(e) give notice in writing of his inteu-
8 section is not directory but imperative. Hence where the
xcise officers, and applicant were all ignorant of the repeal of
ind a license was granted under it by mistake, the Ucense
to be a nullity, and the holder liable for selliDg without a
*ear8on v. Broadbent, 36 J. P. 485.
e of the general annual licensing meeting and its adjoum-
iated in 9 Geo. 4, c. 61, ss. 1, 2, 3, 5, ante^ pp. 187 — 197.
sing Act, 1872, sections 37, 38, 50, modify the earlier statute.
Ijoumments, see 33 & 34 Vict. c. 29, s. 4, sub-section (4), and
let. c. 29, s. 11. See notes, post.
8 is now altered, and the beginning and ending of the Jear
' the certificate is made uniform with publicans' licenses. See
5. 61, s. 13, ante, p. 201. See notes to 33 & 34 Vict. c. 29,
igt.
DOS of certificates or licenses have been altered by the Secre-
jite, in pursuance of the Licensing Act, 1872, section 48. See
Bit the end of this volume.
8 is the section which now contains the general law as to
fore all applications for new licenses, for it was adopted and
ed with an addition there declared into the Licensing Act,
on 40, and made universal.
16 of the year for the application is specified in the Act
;. 61, ss. 1, 2, 3,5 ; and the time from which the notices are
is the date of the general annual licensing meeting, or any
278 WINE AND BEERHOUSE ACT, 1869, 8. 7.
Appndx. tion(a) to one of the overseers of the parisli) township, ot plitti
— which the house or shop in reOT)ect oi which his applicttti(m k'
be made is situate, and to [tM superivUendentof pwiio6(f^i
tricfJl^b) and shall in such notice set forth his name and ad*
and a description of the license or licenses for which he ii
adjonmment thereof. Thus, if an applicant is not in time to
notice before the general meeting, he may yet be in time if ihew
are given before the adjonmment day : 22. y. West Biiim
Drake's Case, L. R. 6 Q. B. 33 ; 34 J. P. 4 ; 10 B. & S. 840;»L
M. C. 17. In some cases he may fail at the general meeting, indbl
time to give fresh notices for the adjonrnment, and apply on c"'*^
material : 12. v. Cauljield, 46 J. P. 756 ; though he cannot
apply again at the adjournment on the same materials : £»
Eushworth, 23 L. T. 120 ; 34 J. P. 676, See 9 Geo. 4, c. 61,8ectWi^
and notes, arUe, p. 195.
The mode of computing the twenty-one days for notice is to exM
the day of holding the general annual meeting or the adjonnoM^
day, and to exclude the day on which the notice is given : 12. t. lli^
dare, 14 Q. B. 856 ; R. v. Shropshire, 8 A. & E. 173 ; T^mf f»
Higgln, 6 M. & W. 49 ; Robinson v. Waddingtanf 13 Q. B. 753 ; Jfnto]
V. Salisbury, 4 C. B. 32. And see Licensing Act, 1872, sectioi 411^
ante, p. 71.
As to the notices on the church door, any two consecntiTe Sud^i ■
may be selected within the twenty-eight days preceding the holdiigaf
the general annual meeting or adjournment day ; but as to the twenftf*
one days a much longer notice would be equally good, the twentj-flM
days being the shortest time allowed. The church or chapel here aifr
tioned means that of the Church of England ; and if there is a bmIbi
board near the door, publication on such board will usually betuflfaif^'
Empson v. Metropolitan Board, 25 J. P. 677 ; 34 L. T. 624.
{a) This notice may be served by post : 33 & 34 Vict. c. 29,t.4f
Licensing Act, 1872, section 70.
(&) The words in brackets were inserted by 33 & 34 Vict. e. 89, & i
Care must be taken to serve the superintendent either personaUy or If
leaving the notice at his actual residence, and not merely at <Nie of tii
police stations in the district : R. v. Riley, 53 J. P. 452.
As to what is a new license, and wliat is a renewal^ see nota to
Licensing Act, 1872, section 74, ante, p. 136.
General effect of section 7.] The general effect of this sectioiiiiyttit
in all cases whatsoever, twenty-one days' notice must be giTen to ^
overseers and superintendent of police of the first application to jnrtlMii
and if the house was not previously licensed for sale by retail tbe nirtiM
on the church door within the twenty-eight days must be sopeaWL
But in future, if a certificate has been already given under this Aeli
and all that is wanted is renewal of the certificate to the flame pMi
and house, or in some cases to a different person and the
then neither of these notices need be given. As to renewak, fleeahi
Licensing Act, 1872, sections 42, 74.
32 & 33 VICT. 0. 27, s. 8. 279
d of the sitoatioii of the house or shop in respect of Appnd^
pplication is to be made ; and in the case of a house —
b theretofore licensed for the sale by retail of beer,
le, such person shall also within the space of twenty-
)ef ore such application is made cause a like notice to
and maintained between the hours of ten in the
i five in the afternoon of two consecutive Sundays on
such house or shop, and on the principal door or on
oors of the church or chapel of the parish or place in
house or shop is situate, or, if there be no such church
m some other public and conspicuous place within
or place.
>plication is made to the justices for the f;p:'ant of a
tider this Act by way of renewal only, notice in pursu-
section shall not be requisite.
isions of 9 Geo, 4, c. 61, to grants of certificates
Act,] All the provisions of the said Act of the ninth
reign of King Cfeorge the Fourth as to the terms upon
the manner in which, and the persons by whom,
tenses are to be made by the justices at the said general
using meeting, and as to appeal from any act of any
1, so £eu: as may be, have efifect with regard to grants
3S under this Act, subject to this qualification, that no
3n now extends to the notices required for new alehouse
e Licensing Act, 1872, section 40.
in many new churches, a notice board is placed near the
hurch on which miscellaneous notices are usually affixed, it
lent, as already stated, to affix these notices on such board,
I board is reasonably near the church door, and equal or
city is thereby given.
above the notices above described there must, as to new
certificates, be also a notice advertised in a local newspaper
ling Act, 1872, section 40.
% of premises,'] Where after a license has been obtained for
d as an inn, the keeper of the inn buys an adjoining dwel-
id adds it to the inn by opening interior communications,
usually require to apply for a new license, provided the
ikely to be satisfied tnat the premises are substantially the
e formerly Ucensed : See ante, pp. 6, 136. And the same
pply to a certificate. Notice of any important changes in
I &ould always be brought to the notice of the justices at
leral annual meeting ; and it may be prudent even before-
fy to them the intention to make such changes.
I forms of the notices, see notes to Licensmg Act, 1872,
nte^ p. 71.
280 WINE AND BEERHOUSE ACT, 1869, S. 8.
Appndz. application for a certificate under this Act in respect of aliee
— to sell by retail beer, cider, or wine not to be consumed (m
premises shall be refused, except upon one or more of the foDi
ing grounds, viz. :—
(1) That the applicant has failed to produce satisfEM^iy
dence of good character :
(2) That the house or shop in respect of which a hoeoi
sought, or any adjacent house or shop owned or oeen
by the person applying for a license, is of a diaorf
character, or frequented by thieves, proetitote%
persons of bad character ;
(3) That the applicant having previously held a license fa
sale of wine, spirits, beer, or cider, the same has
forfeited for his misconduct, or that he has throuf^
conduct been at any time previously adjudged disq
General effect of this eighth section as altered,'] This sectwi
merly laid down the rule that, as to ont-door licenses for wine,
cider (afterwards extended to (off) spirits and sweets by tiie lifiC
Act, 1872), the discretion of justices in granting both a newandaie
license, instead of being unlimited should be restricted to four sn
That law existed tiU 1880 and 1883, when the restriction was wo
as to beer licenses, and the same general or absolute discretia
given to the licensing justices as they always enjoyed as regardi
hcans' licenses. But this section still governs the law as to off
off-cider, off-sweets, and off-spirit licenses.
The applicant on each renewal is still bound, if eballenget
receiving proper notice under Licensing Act, 1872. section 42, t
evidence of good character, and if he has been convicted or bieei
plained of during the previous year, and the objection is made, or
in open court by justices (provided, in the latter event, time is gi
answer the objection), the justices may refuse to renew the lice
certificate under this head : R. v. Birmingham JJ,^ 40 J. P. 19
V. Merthyr Tydvil JJ,, 14 Q. B. D. 584 ; 54 L. J. M. a 78 ; 41
213.
The justices have also a large discretion on all applicatioiiB £
licenses of every description, as to the quantum or suffidencj
assuming that nothing is to be said against
ou^ht to be prepared to give affirmative evidence fay witness
written testimomals as to his character : R, v. Hanley JJ.^ 42
102 ; 39 L. T. 444 ; Ex parte Bendall, 42 J. P. 88. In one cue
a previous statute a question of good character arose, where the '.
holder was found to be cohabiting with a female : 22. v. LeM
C. B. (N.S.) 584 ; 33 L. J. M. C. 231. Sometimes opposition is
not on the want of the applicant's character, but on tnat of a pro
holder of the license.
32 & 33 viOT. 0. 27, s. 8. 281
fied from receiving any sucli license, or from selling any Appndz.^
of the said articles : —
That the applicant of the house in respect of which he
applies, is not duly qualified as by law is required :
valuation of premises.'] The Beerhouse Act, 3 & 4 Vict. c. 61,
Use 23 Vict. c. 27, s. 8, and 33 & 34 Vict. c. 29, s. 10, prescribed
tafification referred to as regards the annual value of the premises,
sailing of which is further explained by the Licensing Act, 1872,
IB 45, 46, 47. The sufficiency of the annual value is estimated at
to of hearing the application : R, v. Montagu, 60 J. P. 66. There
10 disqualifications as to the persons ; as being a sheriff's officer,
L 4, c. 64, s. 2 ; not being the real resident holder and occupier,
Vict. c. 61, s. 1 ; being convicted of felony or of selling spirits
it license, 3 & 4 Vict. c. 61, s. 7 ; 23 Vict. c. 27, s. 22 ; 33 & 34
5. 29, 8. 14 ; convicted of forging a certificate, 32 & 33 Vict. c. 27,
thrice convicted of selling without a license, &c., Act, 1872,
I 3. See also Act, 1872, sections 16, 30.
y of justices as to four grounds.'] It is the duty of the justices, on
g all applications, to see that these several statutory requirements
dsfied, and to refuse the license if they are not satisfied, even
1 on other grounds the justices might be satisfied as to the person
ng. Though these are still good special reasons for refusing
18, yet the legislature has now, as above stated, conferred an abso-
jBcretion on the justices to refuse all beerhouse licenses without
f any grounds whatever except as to in-door licensed beerhouses
.869. This important change has been made by striking out of
;tion all beer licenses (except those mentioned in section 19, post"),
yc ordinary beer licenses or beer dealers' retail licenses, or table-beer
6, SO that justices have now the same ample discretion as to all
censes, whether out-door or in-door, as they have and always had
lebouse or public-house licenses. These changes have been made
recent Acts, 43 Vict. c. 6, and 46 & 46 Vict. c. 34, post.
'X> premises for which an alehouse license or a certificate under
.ct for in-door consumption shall be hereafter applied for, see
ing Act, 1872, section 46.
x> the meaning of the words " annual value " in 3 & 4 Vict. c. 61,
milar words in 23 Vict. c. 27, s. 8, and the mode of ascertaining
LdcenslDg Act, 1872, sections 46, 47.
Hng grounds of decision.] Under this section when it still applies,
the justices refuse to grant a certificate, they are bound to state
viiich of the four grounds they have so refused, for otherwise the
int may not know what is his remedy : jR. v. Sykes; R. v. Hud-
U, 1 Q. B. D. 62 ; 45 L. J. M. C. 39 ; 40 J. P. 39 ; 33 L.T. 666 ;
B. 141. And if the justices refuse on some ground other than these
. maTida/mus may be obtained to compel them to hear and confine
slves to such grounds : R. v. Monmouthshire J J., 38 J. P. 807 ;
Smith or Smthport JJ., L. R. 8 Q. B. 146 ; 37 J. P. 214 ; 28
129 ; 21 W. R. 382 ; R. v. Redditch, 60 J. P. 246 ; R. v. King^
282
WINE AND BEERHOUSE ACT, 1869, S. 8.
Appndx. Where an application for any sacli last-mentioned cei
— refused on the ground that the house in respect of
or MancJiester JJ., 20 Q. B. D. 43 ; 52 J. P. 164 ; 58 L. T. 607 ;
W. R. 600 ; 57 L. J. M. C. 20. And the justices are bound,
though not asked, to state on what ground they refuse the lioeme:
paHe Smith; B. v. Surrey J J., 3 Q. B. D. 374 ; 47 L. J. M. CT
42 J. P. 598 ; 26 W. R. 682 ; R. v. AsMim^ruUr-Lyne, 87 J. P.l
The justices are, however, not bound to state in writing their :
for refusing the license on the ground of not being duly qualified i
they are asked to do so : iZ. v. Cumberland JJ,, 8 Q. 6. D. 861;
J. P. 7 ; 51 L. J. Q. B. 142 ; 30 W. R. 178.
Terms or fees on which certificate granted,! The terms whkki
now declared by 33 & 34 Vict. c. 29, s. 4, to include the usual ftm
able for licenses are the same for grant or transfer of certificateii
licenses under 9 Geo. 4, c. 61. The terms upon which the gmk '
transfer or renewal of an alehouse license is made are stated inStel
c. 61, s. 15.
With regard to certificates granted by way of renewal, the oiil|J
payable are 4^. to the justices' clerk, and Is, for the constable Mn
notices. If the clerk demands or receives more, he will be liaUii
penalty of 5Z. : 33 & 34 Vict. c. 29, s. 4. The fees for renewil ol
alehoufle license are the same as for the original grant. To the *
must also be added a fee of Is. for the registration of each liceiMei
Licensing Act, 1872, section 36.
Manner in which, and persons by whom grants made.'\ Thisi
is now considerably modified by the Licensing Act, 1872, sectk
38. With regard to new certificates, these can only be gnsM
counties by the justices at the general annual licensing meetiif
adjournments, and confirmed by the county Ucensing committeei
boroughs having ten justices, the grant of a new certificate mnit ^
the borough licensing committee and thereafter confirmed by the*
body of borough justices. In boroughs having less than ten
the grant of a new certificate must be by the borough justices aai
firmed by a joint licensing committee, consisting usually of
borough justices and three county justices. There is noappcil'
the decision of these double bodies of licensing justices as to "
or refusing of a new certificate. But no confirmation is
out-door hcenses : Licensing Act, 1874, section 23.
As to grants of new certificates under the Wine and Beerhouse
and the Licensing Act, 1872, for wine or spirits, or sweets or eideftt
to be eonsvm-ed on the premises, the licensing justices will be booi'
the conditions stated in the above section, that is to say, they caa li
refuse such a certificate on one of the four grounds specified : M>^
Scott, 22 Q. B. D. 401 ; 53 J. P. 119 ; 58 L. J. M. C. 78 ; 60L.T.r
37 W. R. 301. And they will be equally bound by these conditHBl^
4ipplications for transfers : SlmmoTids v. Blackheath JJ,^ 17 Q. &I^'
sectkM)
reqniied
32 & 33 viOT. c. 27, s. 8. 283
ot duly qoalified as by law is required, the justices Appndx.
y iu writing to the applicant the grounds of their
P. 742 ; 55 L. J. M. C. 166 ; 35 W. R. 167. And they
Ally boand on applications for renewal of the same licenses.
3f the four grounds is inapplicable to houses having out-door
I (to which must be added out-door sweets, and out-door
iqueur licenses), for these were never subject to any valna-
.tion. As to new certificates for in-door licenses, the discre-
iGB is absolute and without appeal.
ad to renewals of the in-door beer licenses for houses con-
tused since 1869, the justices are still bound to observe the
8 above specified if they refase such licenses, see post,
And there is always an appeal to quarter sessions against
"enew or transfer any license.
ies disqualified from acting are described in the Licensing
iction 60.
er in which certificates are transferred is the same as in the
uses : 9 Geo. 4, c. 61, ss. 4, 14 ; 5 & 6 Vict. c. 44 ; 33 & 34
. 4, sub-sect. (5).
lewal of certificates, see 32 & 33 Vict. c. 27, s. 19 ; and
ct, 1872, section 42.
Any person aggrieved by any act of the justices, except as
il of a new certificate, may appeal to the next general or
)ns of the peace holden for the county : see 9 Geo. 4, c. 61,
ante, p. 210. Hence a party whose certificate the justices
d once appeal to the quarter sessions, because this 8th
3 & 34 Vict. c. 29, s. 4, then incorporated all the sections of
11, relating to such appeals : R. v. Smith or Southprtrt JJ,,
. 400 ; 37 J. P. 214 ; 28 L. T. 129 ; 42 L. J. M. C. 146 ;
5. And the Licensing Act, 1874, section 27, ante^ p. 179,
i such of these incorporated enactments as related to new
saving the appeal section in full force as regards renewals
9, If the refusal be by the jastices of a quarter sessions
lin the Municipal Corporations Act, 1882, the appeal mast
larter sessions of the county, and not the recorder : see
SI, s. 27, an;te, p. 210, and cases cited. If the court of
ons grant the certificate which the justices refused, the
Sect as from the date of its having been refused : 9 Geo. 4,
I justices refuse to renew a license, and the applicant appeals
er sessions, which court reverses the decision at special
the justices of special sessions do not appear to support
i,or Uie decision is reversed, see 9 Geo. 4, c. 61, s. 29, ante,
the costs.
284 WINE AND BEERHOUSE ACT, 1869, S. 16.
Appndx. 9. (a) As to <rarw/er of certificates. Bq>eaMhj 29 k Ul\
c 29, 8. 4.
10. Ab to renewal of licenses in force in Middlesex i
Surrey (spent).
11. Penalty on forgery of certificate,'] Kanypenonl
or tender, knowing the same to have been forged, any ceitil
authorised to be granted by this Act, he shall, on sumnmyf
viction before two or more justices, be liable to a penal^
exceeding twenty pounds, or, in the discretion of the ji
before whom he is tried, to imprisonment for any penod
exceeding six months, with or without hard labour. Any 1m
granted in pursuance of such forged certificate shall be Void,
any person making use of such forged certificate, knowing
same to have been forged, shall be (flsqualified from obtainii
any time thereafter a license for the sale of beer, cider, or '
by retail under any of the said recited Acts.(6)
12. Constables may enter houses. Repealed by Licensing
1872. See Schedule, and section 35.
13. Proof of sale. Repealed by Licensing Act, 1872.
Schedule, and section 62.
14. Sale on neighbouring prermses. Repealed by lice
Act, 1872. See Schedule, and section 6.
15. Beer or cider drunk at illegal times. Baeal
Licensing Act, 1872. Schedule, and see Licensing Act,
sections 3, 9.
16. Houses open at illegal hou/rs. Repealed by Lie
Act, 1872. See Schedule, and section 26.
{a) This section has been repealed by 33 & 34 Vict, c 39, iw
now transfers of certiiicates are put on the same footing as tnn
licenses under the Alehoase Act, 9 Greo. 4, c. 61, ss. 4, 14. See \
Vict. c. 29, 8. 4, sub-sect. 5, post^ and notes.
(V) By this section any person knowingly making use of a
certificate is disqualified for life from obtaining a hoenM, whc
the same kind or not. See as to disqualifications, Licensiiig Ae
8. 3, arite, p. 5.
There being nothing said in this Act as to the applicatiGii,
penalties, the provisions of 11 & 12 Vict c 43, s. 19, ante, pu \
apply to the penalties under this section.
32 & 33 VICT. 0. 27, s. 19. 285
xmd or thdrd offence.{c) Repealed by Licensing Act, Appndz»
Schedule. —
le of table-beer. Bepealed by Licensing Act, 1872.
lie.
isting in-door licenses to be renewed, except in
ises,] Where, on the Ist of May, one thousand eight
ad sixty-nine, a license under any of the said recited
brce [and has been renewed from time to time, whether
3 same person or not ; 33 & 34 Vict, c 29, s. 7] with
my house or shop for the sale by retail therein of beer,
ine to be consumed on the premises, it shall not be
the justices to refuse an application for a certificate for
beer, cider, or wine to be consumed on the premises
Df such house or shop, except upon one or more of the
pon which an application for a certificate under this
>ect of a license for the sale of beer, cider, or wine not
imed on the premises, may be refused, in accordance
lct(d)
> mode of reckoning a second offence nnder this repealed
Ex parte Short, L. R. 6 Q. B. 174 ; 39 L. J. M. C. 63 ; 22
;4 J. p. 699.
Licensing Act, 1872 (Schedule), has repealed " so mach of
as relates to offences." This was somewhat ambigaoos,
J the resnlt was to strike out the rest of this section, which
has been omitted,
ion was altered as shown in the text by 33 & 34 Vict.
ion has not been affected by the recent Acts, 43 Vict. c. 6 ;
ct. c. 34, having been probably overlookwi, so that thongh
ig ijostices have now an absolute discretion to refuse all
)r and all out-door beer licenses, either new or old, they are
) the four grounds specified in section 8 as to in-door beer
lich have been continuous since 1869. It has been decided
;ht to renew a license under this section must apply only to
ind of Uquor. Thus, if a license for beer only has since
held, he cannot demand to have a ticense on the same terms
cider or wine, the words being read distributively : R, v.
fanchester JJ,, 20 Q. B. D. 430 ; 62 J. P. 164 ; 67 L. J.
58 L. T. 607 ; 36 W. R. 600.
It of the enactments as to renewal of certificates under the
Beerhouse Acts seems to be as follows : —
g of certificates. — ^Where the certificate is for a license to
Q wine or spirits, or sweets, or cider, 7wt to he consumed on
tes, then the justices cannot refuse the renewal, whether the
286 WINE AND BEERHOUSE ACT, 1869, S. 20.
ikppndx. 20. Nothing to affect privileges and rights Hum
named.'] Nothing in this Act shall be deemed to affect—
(1) The priviliges heretofore enjoyed by any tmiveni^
England, or the chancellor, masters, and scholan oi f
same, or their successors :
license existed in 1869 or not, except npon one of the groimdBBtatd
32 & 33 Vict. c. 27, s. 8, and as to the last ground, it is in oidia
inapplicable, except as to cider. And he need not now glTe affinoiJ
evidence of good character, for he has a right to rely ontbeexpectid
that nobody will oppose him on that or any other ground, anlen k
got seven days' notice of some objection and the groondBthoi
Licensing Act, 1872, section 42 ; Licensing Act, 1874, section
This seven days' notice of opposition is a condition precedent to
refusing any renewal license. If the justices refose on the gn
that evidence as to good character is defective, the party may ap
to quarter sessions, and then give fnrther and better evidence of |
character, and if the quarter sessions are satisfied of the good chia
they are bound to reverse the judgment and grant the renewal: 1
Pilgrim, 35 J. P. 169 ; L. R. 6 Q. B. 89 ; 40 L. J. M. C. 3; 281
410 ; 19 W. R. 99. And there is the same right whatever may 1
been the ground of refusal to give additional evidence at qv
sessions. The renewal will take effect from the date of the pici
refusal. If the justices refuse to renew a certificate there is ahraj
appeal to quarter sessions. See notes to section 8, ante^ p. 283.
Renewing on-certHicates.'] If the application is for renewal of a c
ficate for beer, cider, or wine, to he consumed on the premiseifiha
justices may refuse the renewal, as they may do with respect to a
lican's license, without stating reasons, unless in case of a nouseHoi
for beer, wine, or cider on 1st May, 1869. But in this as in all case
renewal can only be refused if notice of opposition has been previi
given. The license must have been continuous, for if there has be
forfeiture by the misconduct of an occupier at any time, or the hi
has been for any cause not renewed for a year, the next applicatii
to be deemed an application for a new certificate so &r as regard
grounds for refusal of the certificate : M, v. West Riding J J,
Q. B. D. 258 ; 52 J. P. 455 ; 57 L. J. M. C. 103 ; 36 W. R.
Hargraves v. Dawson, 35 J. P. 342 ; 24 L. T. 428 ; R, v. (\trz9
L. J. M. C. 155 ; L. R. 8 Q. B. 400 ; 37 J. P. 774 ; 29 L. T.
21 W. R. 886. If the house was licensed on 1st May, 1869, and
been since licensed continuously, and the justices hsui not made
order under this 32 & 33 Vict. c. 27, s. 19, which, nnder Uie
repealed part of the section, took away the protectionof snchcontin
license, then the justices cannot refuse to renew the certificate, ei
on one of the four grounds set forth in 32 & 33 Vict. c. 27, s. 8 ;
34 Vict. c. 29, s. 7 ; and the appeal to quarter sessions, for not rene^
a certificate, remains as before.
In R, V. Ourzon, sti^rUf a beerhouse license was in force in 1
32 & 33 viOT. 0. 27, s. 21. 287
)riyil^;es heretofore enjoyed by the masters, wardens, Appndx*
iemen, and commonalty of tne vintners of the city
London, except as to those freemen of the said
ntners who have obtained their freedom by redemp-
)n only :(a)
privileges heretofore enjoyed by the mayor or bur-
sses of the city of St. Albans in the county of Hertford,
their successors :
right of any person who is duly authorised by justices
me peace to Keep a common inn, alehouse, or victual-
ig house to take out any excise license :
grant of any occasional license, or the power of any
srson duly authorised by the excise to sell beer, spirits,
> wine at any fair or public races.
to repeal of Acts set forth in second schedule. Re-
6 & 47 Vict c. 39.
le tenant had not renewed his license for three years owing
Iding his premises. When they were rebuilt he applied for
r a new certificate. Held, that justices had a discretion to
license though not on the four grounds, as it was a new
raves v. Dawson, sttpra, and JR. v. West Hiding J J,, supra,
ense had been continuous since 1869, but the license holder
B license, so that it ceased to exist, and the jnstieeH were
ight in deciding that the next application could only be one
cense.
b1 of a certificate may in future (that is after 1872) be
dorsement on the certificate : Licensing Act, 1872, section
notes to Licensing Act, 1872, sections 42 and 74, ante,
le exceptions to the Act as to the universities and vintners
of London are the same as specified in 9 Geo. 4, c. 61, s. 36.
icensing Act, 1872 section 72. As to fairs and races, see
let, 1874, section 18.
288
WINE AND BEERHOUSE ACT, 1870, 8. 3.
Appndz.
FIRST SCHEDULE.
(Superseded by the Licensing Act, 1872, section 43.)
SECOND SCHEDULE.
[This schedule was repealed by 46 & 47 Vict. c. 39, but ib
in order to show how it disposed of some of the prior
by repealing them. The extent of repeal follows each
respectively.]
11 Geo. 4 and 1 Will. 4, c. 64 : So much of section 2 as recpiiedl
grant of an excise license nnder the provisions of the Act to be i
within ten days after the application has been made for the same.
4 & 5 Will. 4, c. 85 : Sections 2, 3, 8, and 9.
3 & 4 Yict. c. 61 ; Sections 2, 3 ; so much of section 4 as enaetii
in any extra-parochial place or places where no rates are made^
collected for the relief of the poor a person applying for a licenser
produce to and deposit and leave with the proper officer of
granting such license a certificate in writing, signed by two
householders of the township or place, certifying that the party :
ing is the real resident in, and occupier of the dweUing-hoiifle i
to be licensed, and also certifying the true and real annmd value oft
same with the premises occupied therewith, according to the bei «|
their judgment and belief ; sections 5 and 6.
23 Vict. c. 27 : Sections 13, 14, and 15.
24 & 25 Vict. c. 21 : So much of section three as renders it imneoeMiy
that the person applying for a license shall produce any certificate.
THE WINE AND BEEEHOUSE ACT AMEND-
MENT ACT (1870).
33 & 34 Vict. Cap. 29.
AN ACT to amend and continue the Wine and Beerho^
Act, 1869. [14th July, 187a]
Be it enacted, &c., as follows : —
1. Short title.] This Act may be cited as "ThelTiDeni
Beerhouse Act Amendment Act, 1870."
2. Extent of Act.] This Act shall not extend to Seotlaid*
Ireland.
3. Interpretation of terms.] In this Act the wcwda "tb
principal Act," mean the Wine and Beerhouse Act, 1868, md *•
word " sweets" includes sweets, made wines, mead, and metbes^
33 & 84 VICT. 0. 29, s. 4. 289
, Amendment of provisions of principal Act as to grants , Appndx-
itions, and transmissions of certificate,] The provisioiis —
ie principal Act, with reference to the grant, duration, and
smisfiion of certificates, shall be amended as follows (that is to
) The seventh section of the principal Act shall be read as
if for the words " constable or peace officer acting within
such parish, township, or place," there were substituted
the words " the superintendent of police of the district,"
and the notice required by that section to be given to
any overseer or constable may be served by a registered
letter through the post:(a)
) Where a certificate is now required to be signed by a
majority of justices, it shall be sufficient if, instead of
such signatiu:e, the concurrence of such majority be
signified by means of an impression from an official
seal or stamp, in such form as the justices may direct,
affixed in the presence of the justices in sessions
assembled, and verified in the case of each certificate by
the signature of their clerk. Any seal purporting to l>e
so affixed and verified shall be received in evidence
without further proof ; and if any unauthorised person
imitate or affix an impression of such seal on any
certificate or imitation ofa certificate, or knowingly use
a certificate or imitation of a certificate falsely purporting
to be sealed in pursuance of this section, he shall be
guilfcy of forgery :(6)
\ For eveiy certificate granted by way of renewal under the
principal Act or this Act, there shall be payable to the
clerk of the justices the sum of four shillings for all
matters to be done by such clerk, and one shilling for
the constable or officer for service of notices ; and ii any
clerk of justices demand or receive any greater or further
I See 32 & 33 Vict. c. 27, s. 7, ante, p. 277, where the alteration
directed is made in that section. See also Licensing Act, 1872,
>n 40, ante, p. 71.
I The form of certificate has been settled by the Secretary of
under the Licensing Act, 1872, section 48. See the forms at the
<f this Yolnme.
e certificate may be stamped by an official stamp as here directed,
derk mnst sign the certificate if so stamped, and the stamp mnst
ized in presence of the jnstices or Ucensing committee,
is mode of official stamping has also been made applicable to
use licenses granted by justices : Licensing Act, 1872, section 40^
p. 72.
U
290 WINE AND BEERHOUSE ACT, 1870, S. 4.
Appndx. ^ee or payment in respect of any sucli renewal, yihsA
— for himself or for any other officer or person, be At
upon summary conviction, be liable to a penalty off
pounds :(a)
(4) It shall be in the discretion of the justices to wbom
application for a transfer is made, either to allow
refuse the application, or to adjourn the considenl
thereof: (6)
(5) [The proviso of the fifth section of the principal Act
the ninth section of the principal Act shall oe re^
and] Subject to the provisions of this section, all
provisions of the Act of the ninth year of George
Fourth, chapter sixty-one, and Acts amending the 8
relating to the time for which justices' licenses are 1
in force, and relating to the fees payable for
licenpes, and relating to the transfer, removal (»c)j
transmission of such licenses, and the grant of lio
upon assignment, death, change of occupancy, or <
contingency, and relating to copies of such licenses
relating to grants or transfers of such licenses, wit
the attendance of any applicant who is hindered by
ness, infirmity, or other reasonable causes shall
effect with regard to certificates granted or to be gn
under the principal Act and this Act.(c)
(a) See, as to fees for grant and transfer of certificate, 32 & 33
c. 27, 8. 8, notes ; also 9 Geo. 4, c. 61, s. 15, antCy p. 208.
(J) The application for a transfer is made under 9 Geo. 4,
88. 4, 14, and 5 & 6 Vict. c. 44. See next suh-section.
See as to adjournment of the application for grant or rend
certificate, 32 & 33 Vict. c. 27, s. 5, and notes ; aSo this statntt
tion 11.
This enactment must he understood to apply to the justices in e
sessions sitting under 9 Geo. 4, c. 61, s. 4, and not to the josti
petty sessions sitting under 5 & 6 Vict. c. 44. And the enactmeD
not seem to apply to transfers of alehouse licenses.
This enactment does not give the justices an absolute discret
refuse all applications for transfer of wine, spirit, cider, and i
off-licenses and in-door heer, cider, and wine hcenses continoed
1869, and is not incouRistent with the 8th and 19th sections of 3:
Vict. c. 27. The words " in the discretion of the justices " do not
an absolute discretion as regards the four grounds of refusal wbei
are applicable, for in applications for transfer the justices ha
same limited discretion as they would have had on a renewal :
monds v. Blackheath J J,, 17 Q. B. D. 765 ; 50 J. P. 742 ; 56 L. J.
166; 35 W. R. 167.
(jD) The words within hracheta were repealed by 46 & 47 Vict.
Sched.
33 & 34 VICT. c. 29, s. 5. 291
»Yision as to convictions. Repealed by LicenBing Act, 1872. Appildz«
iule. —
lactment now modifies the enactment of the former Act
Vict. c. 27, 8. 6), which declared the certificate to be in force
ear from the date of its being granted, no matter at what
the year it was granted. The 9 Geo. 4, c. 61, s. 13, which has
e incorporated into this Act, and most now override the prin-
prescribes a definite beginning and ending for each certificate,
inties of Middlesex and Surrey the certificate will be in force
fifth day of April, and in other coonties the certificate will
e from the tenth day of October, after the granting thereof,
whole year thence respectively next ensuing and no longer."
?r of certificates,'] The transfer of certificates is now regulated
the provisions of the Alehouse Act (9 Geo. 4, c. 61, s. 14), as
I, for all the provisions of that Act relating to transfers are
ed in this Act.
before transfer,'] The notice before transfer is now regulated
tensing Act, 1872, section 40.
ion of justices as to transfer and right of appeal.'] The
ive a discretion either to allow or refuse the application for
r to adjourn the consideration thereof (see this Act, section 4,
a 4, ante^ p. 290). If refused, there is an appeal to quarter
) Geo. 4, c. 61, s. 27), for one of the leading provisions of the
». 4, c. 61, relating to the transfer. &c., of licenses, is that
es the right of appeal. This section in effect imports into
11 the provisions of the Act 32 & 33 Vict. c. 27, as well as the
I parts of 9 Geo. 4, c. 61, relating to the grant, duration, and
on of certificates. The word " removal " in this sub-section is
a misprint for "renewal." The justices must accordingly
lemselves in dealing with out-door wine, spirit, sweets, and
ses and all the in-door certificates dated from 1869 to the four
)ecified in 32 & 33 Vict. c. 27, ss. 8, 19, when those enactments
travisfer.] The fees are the same as upon grant of a certifi-
vmte, p. 282.
•r granting transfer of certificates,'] The special sessions
for transferring alehouse licenses are the times for applying
flfer of certificates under this Act. (9 Geo. 4, c. 61, s. 4.)
& 6 Vict. c. 44, s. 1, the justices in petty sessions may by
at on any certificate continue it in force until the then next
ecial session for transferring licenses and no longer.
bankruptcy J <^c,, of certificate holder.] This section extends
ons of 9 Geo. 4, c. 61, s. 14, to the case of certificates in like
ces, and the provision as to death of license holder is also
in Licensing Act, 1872, section 3, antCj p. 3.
u 2
292 WINE AND BEEEHOUSE ACT, 1870, S. 10.
Appndx." 6. Provision as to certain ofifences. Bq^eaUd by licenmgi
— 1872. See Schedule.
7. Provision as to existing licenses,'] The niaeteeDtk
tion of the principal Act shall extend to licenses granted bf^
of renewal from time to time of licenses in force on the fini
of May, one thousand eight hundred and sixty-nine, wh^hori
licenses continue to be held by the same person or have bw
may be transferred to any other person or persons. [Tlie
of the section was repealed by Licensing Act^ ICftl
Schedule. ](a)
8. Begulation as to clodngy &c. Repealed by Licenang
1872. See Schedule.
9. Avoidance of licenses. Repealed by Licensing Act,
See Schedule.
10. As to beer dealers* additional retail license.] Ao
cate for an additional license to the holder of a strong
dealer's license to retail beer imder the provisions of the tw
sixth and twenty-seventh years of the reign or Her Ma
chapter thirty-three, shall not, after the passing of this
except by way of renewal from time to time of a certifiet
force at the time of the passing of this Act, be granted, \
upon the like proof of qualification according to rating,
required in the case of licenses to retail beer for consumnti
the premises under the provisions of the Acts recitea i
principal Act for permitting the general sale of beer and ci(
retail in England.(6)
Personal application for certificate and tranter.'] The no
of 9 Geo. 4, c. 61, s. 12, dispense with personal application to the j
in some cases, and are here extended to certificates. In ibt <
renewal of certificates also, the applicant need not attend mileu m
Licensing Act, 1872, section 42, ante^ p. 75 ; Ldcensiog Act
section 26, antCj p. 178.
Lost certificates.] When it is proved to the jostices or magi
upon an application to transfer, &c., the certificate, that soch oer
has been lost or mislaid, such justices or magistrate may receive
of snch certificate, &c. : 5 & 6 Vict. c. 44, s. 2, artte, p. 238. A
same may be done in cases where the certificate has been wilfaDt]
held by the holder : Licensing Act, 1872, section 41, ante^ p. 74.
every sach certified copy, and every snch endorsement a fee of i
and no more, shall be taken : 5 & 6 Vict. c. 44, s. 3.
Ca} See 32 & 33 Vict. c. 27, s. 19, and notes, ante. p. 285.
(i) This section prevented any more certificates tram bsuig £
33&34VI0T. c. 29, s. 11. 293
wer to justices to postpone applications for grants Appndx.
tZs.] Where any applicant for the grant or renewal of "■"
fce has, through inadvertence or misadventure, failed
r with any of the preliminary requirements of the
kct or this Act, or any Act incorporated therewith,
!S may, if they shall so think fit, and upon such terms
ink proper, postpone the consideration of the applica-
adjourned meetmg, and if at such adjourned meeting
iS shall be satisfied that such terms have been complied
' may proceed to grant or withhold such certificate as if
ninaiy requirements of the principal Act had been
with.(c)
eders under 26 & 27 Vict. c. 33, ante, p. 263, to sell beer by
88 the honse be of the same valnation qualification as required
Beerhouse Acts. See notes to section 8 of 32 & 33 Vict.
Licensing Act, 1872, ss. 46, 46, 47, also 3 & 4 Vict. c. 61,
1. An exception, however, is made as to houses in respect
certificate was in force on the 14th July, 1870 ; and these
mder the old law, that is to say, no valuation or rating
)n was necessary. But these certificates cannot now be
• at any special transfer sessions, for the Licensing Act, 1874,
was repealed by 43 Vict. c. 6, s. 2, post,
3 section must be taken to extend and alter the provisions of
ise Act, 9 Geo. 4, c. 61, so far as respects applications for
By that Act the justices were bound to appoint the
nual licensing meeting in Middlesex and Surrey for one of
n days of March, and in every other county for some day
)th of August and 14th of September, and the adjournment
dso restricted to March, in Middlesex and Surrey, and to
*. September in every other county. It was held, in JB. v.
ing of Yorkshire JJ., L. M. 6 Q. B. 33 ; 34 J. P. 4 ; 39
;. 17 ; 10 B. & S. 840 ; 21 L. T. 490 ; 18 W. R. 259, that
8 might and ought to arrange the adjournment days so as to
le who were not in time with their notices for the general
snsing day to give these notices in time for the adjournment
is section enables the justices to adjourn an adjourned meet-
l as the general annual meeting, and they may do so to a day
) respective months of March, in Middlesex and Surrey, and
; and September in other counties, "if the applicant has,
ladvertence or misadventure, failed to comply with the Act."
Ijoumed meeting here contemplated is distinct from the
aidjoumments mentioned in 9 Geo. 4, c. 61, the business will
ely in disposing of cases entertained at the meeting which is
aeid, and the notices as to adjourned meetings required by
z. 61, s. 5, would not be necessary.
)ye section does not apply to applications for transfers of
) which are already similarly treated by section 4, sub-section 4,
294 WINE AND BEEEHOUSB ACT, 1870, 8. 15.
Appndx. 12. Limit of mitigcUion of penalties. Repealed by Uxad
— Act, 1872. See Schedule.
13. Houses licensed to retail stoeets. Repealed by Lioen
Act, 1872. See Schedule.
14. Persons convicted of felony disqtuilified from «ei
spirits by retail.] Every person convicted of felony shal
ever be disqualified from selling spirits by retail, and no lii
to sell spirits by retail shall be granted to any person who
have been so convicted as aforesaid ; and if any person i
after having been so convicted as aforesaid, take out or hav«
license to sell spirits by retail, the same shall be void t
intents and purposes ; and every person who, after beii
convicted as aforesaid, shall sell any spirit by retail ii
manner whatever shall incur the penalty for doing so with
license, (a)
15. Visitation of suspected houses. Repealed by lia
Act, 1872. See Schedule.
ante ; nor does it apply to applications for the grant or
alehouse licenses under 9 Geo. 4, c. 61, in like circamstanoof
there seems nothing to prevent justices at a general annual n
adjourning an application for an alehouse license in a i
manner.
(a) Where T. had been convicted of felony in 1865 and sen
to three months' imprisonment, and in 1873 obtained by tnuu
existing license which in September, 1873, was renewed at the {
annual licensing meeting, and the previous conviction for fekM
discovered in November, 1873, whereupon T. sought to tranH
license to V., the justices refused to transfer on the ground that the
in T.'s hands was utterly void. The court held the justices wen
for this enactment had a retrospective effect : R, v. Vine; VineT
JJ., L. R. 10 Q. B. 196 ; 39 J. P. 213 ; 44 L. J. M. C. 60 ; 3]
842; 23 W. K. 649. There is a similar disqualification
beer and cider under the Beerhouse Acts, 3 & 4 Vict. c. 61, s.
and in respect of wine under 23 Vict. c. 27, s. 22. See also lac
Act, 1874, section 15 as to a remedy for the owner. The owne
appeal under this last section against a refusal to transfer after a
has been committed : R. v. West Riding J J,, 11 Q. B. D. 4]
L. J. M. C. 99 ; 48 J. P. 149. But it seems he must follow the r
given by Act, 1874, section 15, literally, as it is said to be tb
remedy: Stevens v. Shambrook JJ,, 53 J. P. 423. See ante, p. 1
33 & 34 VICT. 0. Ill, s. 3. 295
Section 6 of 5 Geo. 4, c. 54, & 2, of 6 Geo. 4, c 81, and Appndx.
of 13 & 14 Vict c 67, so fEur as relates to brewers' retail —
repealed. Repealed by 46 & 47 Vict c 39. See
•
'mation of the principal Act and of this Act RepealeA
dng Act, 1872. See Schedule.
33 & 34 Vict. Cap. 111.
T to make provision in relation to certain Beer*
ses not d/iily qualified according to law,
[10th August, 1870.]
B in misapprehension of the provisions of an Act, 3 & 4
il, licenses and certificates for the sale of beer and cider
n granted in respect of houses not duly qualified as by
section of the said Act is required :
inacted, &c., as follows : —
iting qualifix^ation and closing hours of beerhouses
townships where separate poor rate is or can he
A dwelling-house, if situate within a township for which
be poor rate is or can be made, or within a namlet for
separate poor rate is or can be made, shall, for the
of determining by reference to population, in accordance
5 first section respectively of the said Act, the rating
tion as a bouse for the sale of beer or cider, be deemed
thin such township or hamlet, as the case may be, and
lin any larger area of which such township or hamlet
part(6)
estricted application of Act.] This Act shaU apply
ely to houses in respect of which licenses under Acts to
he general sale of beer and cider by retail in England are
at me time of the passing of this Act, and to such houses
Mily as such licenses or any renewal thereof shall remain
hort title,] This Act may be cited for all purposes as
eerhouse Act, 1870."(c)
>me words omitted, being repealed by the 46 &; 47 Vict. c. 39,
ating qualificatiiyn^ and hours of closing of heerhomes,]
t was passed at the end of the session of ParUament, 1870, in
296 INNKBBPEES ACT, 1878, 8. 1.
Appndz.
41 & 42 Vict. Cap. 38.
AN ACT for the further relief of Innkeepers. {a)
[8th August, 1878.}
Whereas it is just and expedient to give, in addition to ftftl
present right of lien, a power of sale under certain drcmnstaiiMJ
to keepers of hotels, inns, and licensed public-houses upon and ml
respect of goods and chattels deposited with them or upon w
tenements and premises occupied by them :
Be it therefore enacted, &c., as follows ; that is to say, —
1, Landlord, dc, may dispose of goods left with himofiltt
six weeks, '\ The landlord, proprietor, keeper, or manager of UJ
hotel, inn, or licensed public-house shall, in addition to ki
ordinary lien, have the right absolutely to sell and dispoi^lf
public auction of any goods, chattels, carriages, horses, wuei^ tt
order to correct what was considered an anomaly cansed by the tiM
recent decision of Preston^ app., v. Buckley, resp., L. B. 6 Q. B. 311;
34 J. P. 372 ; 39 L. J. M. C. 105 ; 22 L. T. 653 ; 18 W. R. 1104. TW
decision was to the effect that where a parish consisted of towndiipi
if the parish contained the amount of population specified in the Act
3 & 4 Vict. c. 61, ss. 1, 15, it was immaterial whether the partieihf
township in which the beerhouse was situated contained the reqoini
amount of population : in short, that the population of the parish, uk
not of the township, governed the hours of closing the beerhoofle. Tit
Beerhouse Act, 1870 (which is, however, confined entirely to beuhoow
for which a Ucense was in force on 10th August, 1870, or for lAaA
such license has been renewed), alters the law, and now makes thi
township or hamlet, instead of the parish, the area of population, n ai
to govern the qualification in point of rating or annual yalae, profidei
such township or hamlet has or may have a separate poor rate. If i
separate poor rate cannot be made for the hamlet, then the law remfeiif
unaffected by this Act, and the population of the parish wiU Hf sot
situate in a city, borough, or cinque port) still be the criterion zor thi
hours of closing. It is to be observed, also, that this Act is confiiied to
those beerhouses which had a license on 10th August, 1870, or wldek
have since obtained a renewed license. Hence, if any new (<i|itififill
has been granted since 10th August, 1870, the above Act will notifiilft
and the house will be subject to the Act S & 4 Vict. c. 61, as Luoatmi
by Preston v. Buckley (jsupra), and as modified by licenmng Act»
1872, sections 46, 47.
(a) See the previous Act as to the liability of innkeepers, S€ Ic IT
Vict, c. 41, ante, p. 265.
41 & 42 VICT. c. 38, s. 2. 297
ndise which may have been deposited with him or left in AppndX-
lae he keeps, or in the coach-house, stable, stable-yard, or —
treniises appurtenant or belonging thereunto, where the
depositing or leaving such goods, chattels, carnages, horses,
or merchandise shall be or become indebted to tJie said
)er either for any board or lodging or for the keep and
\b of any horse or other animals left with or standing at
n the stables or fields occupied by such innkeeper.
[ded that no such sale shall be made until after the said
ihattelsy carriages, horses, wares, or merchandise shall have
r the space of six weeks in such charge or custody or in or
ich premises without such debt having been paid or satis-
4 that such innkeeper, after having, out of the proceeds of
le, paid himself the amount of any such debt, together
e costs and expenses of such sale, shall, on demand, pay to
son depositing or leaving any such goods, chattels, car-
liorses, wares, or merchandise the surplus (if any) remain-
er such sale: Provided further, that the debt for the
it of which a sale is made shall not be any other or greater
lan the debt for which the goods or other articles could
jen retained by the innkeeper under his lien.
ided also, that at least one month before any such sale the
i, proprietor, keeper, or manager shall cause to be inserted
London newspaper and one country newspaper circulating
district where such goods, chattels, carriages, horses, wares,
shandise, or some of them, shall have been deposited or
advertisement containing notice of such inten led sale, and
ihortly a description of the goods and chattels intended to
^ together with the name of the owner or person who
id or left the same where known.(6)
'hort title,^ This Act may be cited as the Innkeepers
78.
lie innkeeper^s lien at common law extends over such goods as
retler nsoally takes with him, as bags, tmnks, carriage, and
Turrell v. Orawley, 13 Q. B. 197 ; 18 L. J. Q. B. 155 ; Smith
love, 6 C. B. 132 ; 17 L. J. C. P. 219 ; Allen v. Smith, 12 C. B.
W; 31 L. J. C. P. 306 ; 6 L T. 459 ; 11 W. R. 440. And if he
ses the lien extends to the horses : Mulliner v. Florence, 3
.484; 47 L. J. Q. B. 700; 38 L. T. 167; 42 J. P. 293; 26
85.
ien exists though the goods may be the property of a third
^Mod V. Wathins, 1 C. B. (N.S.) 267 ; 26 L. J. C. P. 67 ; 21
3 ; Threlfall v. Berwick, L. R. 10 Q. B. 310 ; 39 J. P. 409 ; 44
B. 87 ; 32 L. T. 32.
:298 BEER DEALERS RETAIL LICENSES ACT, 1880.
Appndx.
BEEE DEALEES EETAIL LICENSES ACT, 18
43 Vict. Cap. 6,
AN ACT for amending the Law relating to the gram
Justices of Certificates for Beer Dealers Retail Licen
[19th March, 1880.
Whereas by the enactments described in the schedule to thi
provision is now made for the holder of a strong beer d
wholesale excise license obtaining, on a certificate giantc
justices, an additional license for the sale of beer by reti
consumption off the premises, and it is expedient that jn
should 1)6 at liberty to exercise their discretion respectm
^rant of such certificates, as they are in respect of their certil
lor licenses for sale of beer to be consumed on the premise
The lien does not, however, extend to a piano hired by die
from a stranger ; Broadwood v. Ghranara^ 10 Ex. 407 ; 19 J.
24 L. J. Ex. 1.
The lien docs not affect the person of the guest and clothes
are used by him : Sunholf v. Alford^ 3 M. & W. 248.
At common law, though the innkeeper could detain the hoi
carriage of the guest under his lien, yet he could not use these :
hrook V. Oriffith, Moor. 876 ; Robinson v. Walter, 3 Bukt. 270
could the innkeeper sell the horse : JoTies v. Thurloe, 8 Mod. 17*
556 ; RobhiMm v. Walter, 3 Bulst. 270.
The fact of the innkeeper taking security from the guest for t
incurred is no waiver of the lien : An^ns v. Jfaclachlan, 23
330 ; 52 L. J. Ch. 587 ; 48 L. T. 863 ; 31 W. R. 641.
An innkeeper is not bound to repeive and entertain a tmrelka
latter, on request, give no security to pay his bill : F^U v. K»
M. & W. 276 ; nor if he come with a dog which causes reasonabli
to inmates and visitors : M v. Rymer, 2 Q. B. D. 136 ; 46 L. J
108 ; 41 J. r. 199 ; 25 W. R. 415 ; 35 L. T. 774.
The lien arises by virtue of the innkeeper holding l*i»naftlf
receive all travellers, and hence those who do not so hold the
out have no such lien, but merely contract to give to persons wh(
select certain accommodation, such as boarding-house keepers : .
V. Richardson, 3 E. & B. 144 ; 23 L. J. Q. B. 217 ; HiMdr T. .
8 C. B. (N.S.) 264 ; 29 L. J. C. P. 246 ; 8 W. R. 438 ; or coiff
or tayem keepers, or Tlctualling-house keepers : Tkomptm^ ▼. .
B. & Aid. 286 ; or restaurant keepers : i2. y. Rymer^ mpra.
43 VICT. c. 6, s. 1. 299
ih certificates should be granted at the general annoal Appndx.
I meefdng of justices, and not at any other time : —
therefore enacted, &c, as follows :
uUces to have discretion as to licenses for consump-
beer off the premises, 32 d 33 Vict. c. 27.] Section
the Wine and Beerhouse Act, 1869, is hereby repealed, so
lie qualification therein contained relates to grants of
tea for such additional licenses as aforesaid ; and the
; justices shall be at liberty either to refuse such certificates
tald on any grounds appearing to them in the exercise of
lexetion sufficient, or to grant the same to such persons as
the execution of their statutory powers, and in the exercise
discretion, deem fit and proper, (a)
be effect of this section was to strike oat the beer dealers retail
le from the hst of licenses as to which the licensing jostice^
'j a timited power of refusal. The four grounds of refusal
in 32 & 33 Vict. c. 27, s. 8, formed an exception to the original
ion first given in dealing with pabiicans* licenses, as to which
B always an absolute discretion under 9 Geo. 4, c. 61. The Act
, c 61, was made, in 1869, to apply to beerhouse licenses, but
ect to the four restrictions mentioned. When the exception
struck out, the original absolute discretion was at once restored.
le effect shortly stated of this section was to give to the licensing
yredsely the same absolute discretion which they always have had
jreo. 4, c. 61, to deal with alehouse or publicans' licenses. That
the justices can at discretion, and without being obliged to «<tate
on, refuse to grant an additional retail license to beer dealers,
recisely the same absolute discretion was vested in the justices \
iling with renewals of these beer dealers' retail licenses, for |
Geo. 4, c. 61, the justices always had. and still have, the same 1
discretion in dealing with renewals as with grants of public-
enses. The only qualification is, that before refusing a renewal
oes most now in all cases comply with the Licensing Act, 1872,
Vict c. 94, s. 42, and the Licensing Act, 1874, 37 & 38 Vict.
IS, to this extent, that they are to see that no renewal is refused
isBt taking care that notice and an opportunity have been given
sensed person to answer and obviate, if he can, all objections
-B. v. Justices of Essex, 46 J. P. 761 ; R. v. Merthyr Tydvll
L P. 213 ; 64 L. J. M. C. 78 ; 14 Q. B. D. 584. And see Act
42, and notes, ante, p. 76. An in-door license for a beerhouse
d since 1869 is, however, still an exception, and cannot be
jxoept for one of the four grounds : II. v. ICiyig or Manchester
J. B. D. 430 ; 52 J. P. 164 ; 57 L. J. M. C. 20 ; 58 L. T. 607 ;
L600.
ler distinction between the discretion of justices in refusing
nd in refusing renewals under this and the Act 9 Geo. 4, c 61,
here is no appeal to quarter sessions in respect of the refusal
it, whereas there is always an appeal against the refusal of a
500 BEER DEALERS RETAIL LICENSES ACT, 1880
Appndx. 2. Licenses at annual licensing meetings (yfdy
Vict, c. 49.] Section thirty-one of the Licensing A(
herehy repealed, as from and after the general annual
meeting held in any licensing district next after the
this Act ; and thenceforth certificates for such additions
as aforesaid shall be granted at general annual licensing
and not at any other time.(a)
3. Short title; extent; construction,^ dZ^Yici
This Act may be cited as the Beer Dealers Retail licei
1880, and shall not extend to Scotland or Ireland, ant
therein have the same meaning as in the Licensing Act, 1
SCHEDULE.Cc)
Enactments belating to Beeb Dealebs Retail Lice
An Act for granting to Her Majesty certain duties of Inland Bi
and to amend the laws relating to the Inland Revenue : 26 & 3*
c 38 (section one).
The Wine and Beerhouse Act, 1869.— 32 & 33 Vict c 37.
The Licensing Act, 1874.— 37 & 38 Vict. c. 49.
renewal, as the Licensing Act, 1872, did not repeal the apped lee
as regards renewals and transfers.
(a) This section repealed the exception which had been introdnec
the Licensing Act, 1874, s. 31, of allowing the beer dealen ftd£ti
retail licenses to be applied for at the special transfer sesdoDS as w
at the general annual meeting. These were the only kind of new Ha
that could be applied for at those intermediate sessions, and thu co
tional advantage being now repealed, the result is that all new lio
to sell intoxicating liquors by retail, and all renewals, must be tp
for at the general annual licensing meeting or its adjoummflnt, «
no other time.
(V) This Act is not declared to be read as one with the Intoxie
Liquor Licensing Acts. But as it professes only to alter one o
sections in those Acts, the effect is precisely the same owing to th
words in this section.
This Act dealt exclusively with the beer dealers* additional
license, which was an out-door license, and said nothing as to the
two beer retail licenses, namely, those granted under the Beei
Acts, 1 Will. 4, c. 64, and amending Acts, and the taUe-beer fi
granted under 24 & 25 Vict. c. 21, s. 8. This omission was boo
covered, and in 1882, those two other kinds of beer licenses wer
put on the same level as public-house licenses by the next Act of 41
Vict. c. 34, poat^ which is a supplement to the present Act.
(jb) This Act did not affect the out-door wine licenses, wfaidiloc
stood on the same footing as off beer Ucenses, and still retain thai lo
for they can still only l^ refused for one of the four groonds :
Soott, 22 Q. B. I). 481 ; 53 J. P. 119 ; 68 L. J. M. C. 78 ; 60
231 ; 37 W. R. 301.
43 & 44 VICT. c. 20, s. 35. 301
Appndz.
INLAND EEVENUE ACT, 1880.
43 & 44 Vict. Cap. 20.
\NACT to repeal the duties on Malt, to grant and alter
certadn duties of Inland Bevenvs, and to amend the
Laws in relation to certain other duties.
I [12th August, 1880.]
^83. Provisions as to charge and pa/yment of duty.]
The commissioners may, when they think fit, require a
ST other than a brewer for sale to verify the entries in the
delivered to him by a declaration to be made by him before
fciee of the peace or an authorised officer.
^ I) The charge of duty shall be made, and the duty shall be
lid, at such times as the commissioners shall appoint
{$) Provided that if the annual value of the house occupied by
ie brewer does not exceed ten pounds, the beer brewed by him
bill not be charged with duty.(d)
,34. -Seer brewed to be for domestic use.] (l) A brewer,
pftBT than a brewer for sale, shall only brew beer for his own
Pwtic use, or for consumption by farm-labourers employed by
in the actual course of their labour or employment.
■i(8) The brewer shall only brew on premises occupied by him,
JL in case the brewer occupies a house of an annual value not
Ktoteding ten pounds, on premises gratuitously lent to him by a
lewer other than a brewer for sale.
(Z) If the brewer contravenes either of the foregoing provisions
1&J& section, or sells, or offers for sale, any beer brewed by him,
to shall incur the penalty of ten pounds.
85. Power of entry.] Any officer may at all reasonable times
0at and inspect any premises used for the purposes of brewing
■: a brewer other than a brewer for sale, and examine the vessels
iA utensils used by him for the purpose of brewing.
fd) It has been held that the brewer is exempt only if the house he
ndes in is under 101. annual value, and he is not exempt merely if
16 honse in which he brews is under that value : Tippett v. Hart, 10
I, B. D. 483 ; 47 J. P. 199 ; 52 L. J. M. C. 41.
302 INLAND EEVENUE ACT, 1880, S. 41.
Appndx. 40. Meaning of terms.] For the purposes of this pait<
Act, each of the following terms shall have the meaning as
to it in this section :
" Cider " includes perry :
" Sweets " includes made wines, mead, and metheglin :
" Beer " includes cider : (a)
" Wine " includes sweets.(6)
41. Alteration of the duties on certain excise lice
On and after 1 July, 1880, in lieu of the duties of exdf
payable on the license mentioned in this section (except
case of a license to sell wine by retail to be taken out by a
in Scotland), there shall be charged and paid the dutie8{c) J
ing ; that is to say.
On a license to be taken out by a person for the selling £
of cider by retail in England - - - - 1
On a license to be taken out by a retailer of sweets in the
United Kingdom 1
On a license to be taken out by a person for the selling
by retail in the United Kingdom of beer to be con-
sumed on the premises ----- 3
On a license to be taken out by a person for the selling
by retail in England of beer not to be consumed on
the premises --1
On a license (additional) to be taken out by a licensed
dealer in beer in England or Ireland authorising
him to sell by retail beer not to be consumed on
the premises 1
On a license to be taken out to sell witie by retail to be
consumed on the premises ----- 3
On a license to be taken out by any person in England
or Ireland for the sale by retail in any shop 01 wine
not to be consumed on the premises - - - 2
(a) Beer as used in this Act extends to any substitiite fa
which on analysis contains more than 2 per cent, of proof
48 & 49 Vict. c. 51, s. 4.
(6) A liceDsc to dealers or retailers of foreign wine indodes f
38 Vict. c. 23, 8. 9.
(c) All these duties were in 1889 transferred to the county ©
respectively, who have the same powers and duties as to leVyiii
recovering the duties as the Commissioners of Inlaud KeTenne : £
Vict. c. 41, 8. 20.
43 & 44 VICT. 0. 20, s. 43. 303
I, Duties on Ucenses for the retailing of beer and wine,] Appndz.
f On and after 1 July, 1880, there shall be charged and paid —
On licenses for the sale by retail of beer and wine to be tskken
t by any person in the United Kingdom who may be authorised
obtain tne same, the duties of excise following ; (that is
Duty.
L a license for the sale by retail of beer and wine to be £ s. d.
consumed on the premises 400
f, a license for the sale by retail of beer and wine not
to be consumed on the premises - - - - 3
Every such license shall be in such form as the commis-
ahall direct, and shall expire in England or Ireland on
lieath day of October, and in Scotland on the fifteenth day of
in each year.
r3. Alteration of duties on licenses to retailers of sjpirits,']
Chi and after 1 July, 1880, in lieu of the duties of excise now
"^'^^ ' on licenses to be taken out by retailers of spirits in the
Kingdom, there shall be charged and paid the duties
; (that is to sav,)
^ " Duty.
rtiie annual value of the dwelling-house in which the £ s. d.
r letailer shall reside or retail spirits, together with
} the of&ces, courts, yards, and gardens therewith
b oocnpied, is under 10^. 4 10
I lOL and under 151, 600
b 15/. „ 20?. 8
n ^OL „ 26/. 11
jl 252. „ 30/. 14
" ZOL „ 40/. 17
401. „ 60/. 20
5(W. „ 100/. 26
100/. „ 200/. 30
aO(M. „ 300/. 35
800/. „ 400/. 40
4iM. „ 500/. 45
MGL „ 600/. 60
60OI. „ 700/. 55
VOOL or above - - - - - - - 60
The holder of a license to retail spirits chargeable with duty
this Act shall not be required to take out any further or
excise license to enable him to sell beer or wine by retail.
liolder of such license shall not be liable for any percentage,
it, or other charge more than the amount stated in the Act.
304 INLAND BE VENUE ACT, 1880, 8. 43.
Appndx. (3) Any person applying for a six da/yt^ and eairly elomij
— for the sale of spirits as an auxiliary only to his hosm
restaurateur or eating-house keeper, and not keeping f
drinking bar, shall be entitled to nis license at a sum not
ing thirty pounds, no such reduction to be made unl
licensing justices shall have certified by indorsement <
certificate that the nature of the business carried on by tb
cant justifies the reduced scale of charge.
(4) Where in the case of premises of the value otfifb^
or upwards it shall be proved to the satisfiEu^tion of the
sioners that the premises are structurally adapted forv
inn or hotel for the reception of guests, and travellers de
dwelling therein, and are mainly so used, the amount of
be paid on a license to retail spirits shall not exceed
pounds. Provided that the relief under this sub-section i
be given in case any portion of the premises is set apart a
as an ordinary public-house for the sale and consumption
of liquors, and the annual value of such portion, in tne o|
the commissioners, exceeds twenty-five pounds.
(6) The amount of duty to be paid for a license to reta
in any theatre granted under the provisions contained i
Will. 4, c. 39, s. 7, shall not exceed twenty pound8.(a)
(6) The expression " retailer of spirits," as used in this
does not include a spirit grocer in Ireland, as defined bj
eighty-one of the Licensing Act, 1872, or a dealer in spirit
spirits in bottle under an additional license authorising hii
behalf, or a grocer in Scotland as defined by section tw
Public Houses (Scotland) Act, 1863.
(7) In the case of premises in Ireland, the annual vain
which the duty on the license in respect of the premises :
charged, shall not exceed the amount of the value i
thereto in the valuation in force under the Act of the fiftee
sixteenth years of Her Majesty's reign, chapter sixty-thr
the addition of twenty per centum of such amount;
licensed person may appeal against the amount of annnt
upon which the duty has been charged and paid to the cl
of the sessions of the peace for the county, or the recoidei
city or borough in which the premises are situate, ai
chairman or recorder shall have full power to hear and de
such appeal, and his determination shall be finaL If^ in ace
with such determination, there shall have been any over-j
of duty, the amount shall be repaid.
(a) See as to theatre Ucenses Act 1872, section 72 and nol
p. 126.
43 & 44 VICT. c. 20, s. 46. 305
4(L Extension ofBix-da/y and early closing licenses to the Appndz.
Kingdom.'] The provisions regarding six-day licenses and
elodng licenses contained in section forty-nine of the
ing Act, 1872, and sections seven and eight of the
~ Ojg Act, 1874, shall be deemed to apply throughout the
Singdom.(&)
46. Duties on licenses for the sale of liquors and tobacco
ho(Us,'\ (1) The duty now charged upon a license to supply,
and sell foreign wine, strong beer, cider, perry, spirituous
and tobacco to passengers on board any ycuikk-hoai or
TBSsel employed for the carriage and conveyance of pas-
to be consumed in or on board such boat or vessel, shall
to be ^yable, and there shall be granted and paid the
ring duties of excise ; (that is to say,)
Fpon a license to be taken out for the sale of spirits, wine.
Deer, and tobacco to be consumed on board a hoaJt or vessel
of any descrip»tion employed for the carriage and conveyance
of persons going as passengers from any place in the IJnited
Kingdom to any other place in the United Elingdom, or
soing from and returning to the same place on the same
day,—
Duty.
If the license is to be in force from the day of £ 8. d.
the date thereof until the thirty-first day of
March next ensuing 500
If the license is to be in force for one day only - 1
(8) Such licenses shall be granted under and be subject to the
nactments contained in the Act 9 G^o. 4, c. 47, as amended by
Ap 5 WilL 4, c 75, s. 10, so far as such enactments are consistent
lilii this Act and the terms of the licenses respectively.
Supplementary,
46. Powers and provisions to be applied to excise duties,
Wobacks, and licenses umder this Acti] The duties and
Mnrbacks of excise chained and allowed by Parts II. and III.
r thiB Act, and the licenses therein mentioned, shall be under the
magement of the Commissioners ; and all the powers, provi-
011% regulations and directions contained in any Act relating to
cdse duties, drawbacks, or licenses, or to penalties or forfeitures
uder excise Acts, and now or hereafter in force, shall respectively
(6) See as to these licenses, ante, pp. 88, 155, 156.
X
806 SPIRITS ACT, 1880.
Appndx. be of full force and effect with respect to the duties an
— backs charged and allowed by Parts Land II. of this
the licenses therein mentioned, and the penalties and fo
imposed by this Act, so far as the same are applicable
consistent with the provisions of this Act, as ftdly and ef
as if the same had been herein specially enacted with refi
the last-mentioned duties, drawbacks, licenses, penalties,
feitures respectively.
47. Construction of term ** excisable Uqiwrs " in
license. 1 The grant of a duty on beer by this Act sha
deemed to bring beer within the expression " excisable
as contained in the Third Schedule in the Act 8 & 9 Vic
48. Saving rights under certain cha/rters.] No
this Act contained shall in anywise alter or affect the ri
privileges now existing under the charters of —
^1) Any university in the United Kingdom, or
(2) The master, wardens, freemen, and commonalt;
vintners of the city of London, or
(3) The mayor or burgesses of the borough of St Albai
county of Hertford.
SPIEITS ACT, 1880.
43 & 44 Vict. Cap. 24.
[26th August, 1
96, 97. Retailers of spirits are subject to a penaltr 1
fering with the guaging of spirits and dipping-holes oi c
fittings ; and must make entry with the excise of the plac
they keep spirits.
101. A dealer or retailer must not carry on busin<
any premises communicating with a distiller's premises o
than by an open public street or carriage road.
102, 103. A retailer must not, unless licensed as i
sell spirits to a retailer ; nor keep an excess of spirits be;
stock book.
104. The sale of spirits in less than two gallons or '.
one dozen reputed quart bottles shaU be deemed sale by :
44 & 45 VICT. c. 61, s. 2. 307
.112. 113. Eveiy retailer most keep a etock-book and certifi- Appndx.
jlibook. —
L A retailer of methylated spirits must make entry with the
asioners of the places where he keeps such spirits, and must
liave more than fifty gallons in possession at one time.
141. An officer of Inland Revenue may at an^ time enter and
the stock of spirits of any dealer or retailer.
If any person receives, buys, or procures spirits from a
not having authority to sell, he shall incur a fine of 1002.
SUNDAY CLOSING (WALES) ACT, 1881.
44 & 45 Vict. Cap. 61.
ffACT to prohibit the Sale of Intoxicating Liqiuyrs on
Swnday in Wales. [27th August, 1881.]
^HIRKAR the provisions in force against the sale of fermented
id distilled liquors during certain hours of Sunday have been
Ud to be attended with great public benefits, and it is expedient
d the people of Wales are desirous that in the principality of
UeB those provisions be extended to the other hours of Sunday:
Be it therefore enacted, &c., as follows : —
L Premises where intoxicating liqiurrs sold to he closed
f Smda/ys in Wales,] In the principality of Wales all pre-
bM in which intoxicating liquors are sold or exposed for sale by
10 shall be closed during the whole of Sunday.
I. Application of Licensing Acts.] The Licensing Acts,
91 — 1874, shaU apply in the case of any premises closed under
I Act as if they had been closed under those Acts, (a)
JiO These two sections taken together are somewhat obscure, owing
mb words **as if they had been closed under those Acts." The
iHbl does not say that all the licensed houses in Wales shall be on the
il looting as if they had been declared to be six-day licenses, pur-
■ft to the Licensing Act, 1872, section 49, for if so, then the licensee
dd be prohibited by the Act, 1874, section 10, from selling any
wtoiting Uquor on Sunday to any person whatsoever not lodging in
hoose. And yet a six-day licensed house is the only house mentioned
iw licensing Acts which is closed under those Acts. The six-day
x2
308 SUNDAY CLOSING (WALES) ACT, 1881, 8. 5.
Appndx. 3, Commencement of Act] This Act sliall oommenfie ail
""" come into operation witii respect to each division or plam ift|
Wales on the day next appointed for the holding of the geafll]
annual licensing meeting for that division or pla^(a)
4. Sale of intoxicating liquors at railway itaticm]
Nothing in tlus Act contained shall preclude the sale at anjr toMJ
at a railway station of intoxicating hquors to persons airiviogitl
or departing from such station hy railway.(6)
5. Short title,] This Act may be cited as the Sunday Cloa||
(Wales) Act, 1881.
licensees are exempted as well as prohibited from selling to ^^ /^
travellers. And it cannot be supposed that the Legislature intenMlil
prohibit all the inns and hotels of Wales from supplying himif'
travellers. The result, therefore, is, that the Welsh licensed hooMi
not identical with the six-day licensed houses in the rest of ^^M^j
but form a distinct class by themselves. Nothing is said as to WMSJ
the Welsh licensees are entitled to the same deduction from the lalnl!
Revenue of one-seventh of the ordinary license duty, as the rii-^y]
licensees in England are entitled. And yet there is, on the other hn%
no prohibition against Welsh licensees asking the justices for a Biz4lf ^
license, so as to put themselves on the same tooting as the Eo^^iih v
day licensees are placed.
Christmas Day and Good Friday in Wales,] This statute wm\
nothing directly or indirectly as to whether it alters the preTiooi knrb !
any way as regards Christmas Day and Good Friday. And the
has decided that the Act makes no alteration except as n^
Sunday: Forsdike v. Colquhoun, 11 Q. B. D. 71 ; 49 L. T. 136; 4T
J. P. 392.
The bearing on the point whether the holder of the license had a ri>*
day Hcense under 35 & 36 Vict. c. 91, s. 49, and whether it made MT
difference, did not require to be considered by the court in thai
there is a six-day license, then the Act, 1874, section 3, makes theholtel
liable to close the house on Christmas Day and Good Friday as he '
on Sunday. See notes to that section, ante, p. 88.
In Wales the licensees have the same option as in England to
justices for a six-day license, and if they obtain it they will be ealiU
to a deduction of one-seventh of the duty, and be prohibited as «■&*
Protected from supplying any hon^ fide travellers. If, on the ottv
and, those who keep inns do not ask for six-dav licenses, bat take Ai
license such as the statute now gives it, they will be entitled to eqftf
bond fide travellers, and indeed will be indictable if they do not
(a) This somewhat obscure section was held to mean thai tie AA
was not to come into operation till the general licensing day in Wt:
Richards v. Mc Bride, 8 Q. B. D. 119 ; 46 J. P. 247.
(h) This section saves the previous practice as to nolwij
see Act, 1874, section 10, ante, p. 159, and notea.
45 & 46 VICT. 0. 34, s. 1. 309
BEB DEALEES EETATL LICENSES (AMEND- Appndx.
MENT) ACT, 1882. ~
45 & 46 Vict. Cap. 34.
ff ACT to amend " The Beer Dealers Betail Licenses
Act, 1880." [10th August, 1882.]
by the Beer Dealers Retail Licenses Act, 1880, it is
Mdided that the licensing justices shall be at liberty to exercise
ibr discretion respecting the grant of certificates for such
pfticmal licenses for sale of beer by retail off the premises as are
gem referred to, and that certificates for such additional licenses
■I he granted at general annual licensing meetings, and not at
fUiQkerijme:
jftud whereas it is expedient to extend the provisions of the
H Act to the granting of certificates for all licenses for sale of
IV by retail for consumption off the premises :
Be it therefore enacted, &c., as follows : —
L Extension of discretion as to licenses for consumption
beer off the premises.] Notwithstanding anything in section
^ of the Wine and Beerhouse Act, 1869, or in any other Act
^ In force, the licensing justices shall be at liberty, in their free
A xmoualified discretion, either to refuse a certificate for any
IJEBse fer sale of beer by retail to be consumed off the premises
iMoy grounds appearing to them sufficient, or to grant the same
meh persons as they in the execution of their statutory powers
|i in ike exercise of their discretion deem fit and proper.(c)
S) This section is almost identical in its expressions with the pre-
i fltatate 43 Vict. c. 6, antCf p. 298, except that it applies to " any
Mjme for the sale of beer to be consumed off the premises." These
Mb necessarily included the ordinary beer licenses granted mider
linDL 4, c. 64, and the amending Acts, ante^ p. 217, and also included
i tel)le-beer licenses granted under 24 & 25 Vict. c. 21, s. 3, ante,
WStk And it produced precisely the same effect on these two last-
flBfiosied licenses by assimilating the jurisdiction of justices, and
f ^frBTing on them absolute discretion as regards all beer licenses,
llelher in-door or out-door, so as to put these on the same footing as
||ific*lioii8e licenses. It gave precisely the same jurisdiction, nei3ier
ore nor less, not only as to new grants, but also as to renewals : Kay
310 WAGES IN PUBLIC-HOUSES, &C., 1883.
Appndx. 2. Certificates at annual licensing meetings on^l
— Certificates for any such licenses as aforesaid shall, notwnH
standing anything m any Act now in force, be granted at gr~
annual licensing meetings, and not at any other time.(a)
3. Short title ; extent ; and construction of Aet!\
Act may be cited as the Beer Dealers Retail Licenses (Ai
ment) Act, 1882 ; and shall not extend to Scotland ; and
therein have the same meaning as in the Licensing Act, 1871
46 & 47 Vict. Cap. 81.
AN ACT to prohibit the Payment of Wages to Worhmm
in Public Houses and certain other places.
[20th August, 1888.]
Whereas by the Coal Mines Regulation Act, 1872, 35 & 31
Vict. c. 76, and the Metalliferous Mines Regulation Act, 187(
35 & 36 Vict. c. 77, the payment in public-houses, beeishopi^Qr
other places in the said Acts mentioned of wages to penoM
employed in or about any mines, to which the said Acts aj^lj ii
pronibited, and it is expedient to extend such prohibition to titt
payment in public-houses, beershops, and other places k
England and Scotland of wages to all workmen as defined by tUi
Act :
Be it therefore enacted, &c., as follows : —
V. Over-Darwen, 10 Q. B. D. 213 ; 52 L. J. M. C. 94 ; 31 W. & S7S;
47 L. T. 411 ; 47 J. P. 388. The exemption, howeyer, from the MV
rale remains of in-door beer Ucenses which existed since 1869, •■!
which cannot be refused to be renewed except on one of the fov
gromids : R. v. Xi9ig or Manchester JJ,, 20 Q. B. D. 430 ; 68 J. P.
164 ; 57 L. J. M. C. 20 ; 58 L. T. 607 ; 36 W. R. 600.
It is true that there are inserted in this section the additional nwii
not fomid in 43 Vict. c. 6, namely, *^ in their free and onqnalifiad dih
cretion," but these are mere surplusage. They do not impfy, fm
example, that the appeal to quarter sessions has been taken away il
respect of refusals to renew beerhouse licenses. If this had beflB fO,
the statute would have put the justices' discretion as to beer lioenMQi
a far higher footing than it had always existed as to pnUio-hoMI
licenses. Hence, as to these beer Ucenses, it has been decided that the
appeal to quarter sessions against refusals to renew beo'hoiue lioeHli
remains as before under the present Act : R, y. Sehneider^ 11 Q. BL D.
66 ; 52 L. J. M. C. 51 ; 47 J. P. 596 ; 48 L. T. 482.
(a) This section was superfluous, for no Act then in force
certificates for any such hcense to be granted at any other
at the General Annual Licensing Meetings.
46 & 47 viOT. c. 31, s. 3. 311
iort title.] This Act may be cited as the Payment of Appndx.
I Public Houses Prohibition Act, 1883.(6) —
ifiniUon of workman.] In this Act the expression
an" means any person who is a labourer, servant in
ry, joumevman, artificer, handicraftsman, or is otherwise
in manual labour, whether under the age of twenty-one
above that age, but does not include a domestic or menial
nor any person employed in or about any mine to which
Mines Regulation Act, 1872, or the Metalliferous Mines
on Act, 1872, appliea(c)
7 wages to be padd witMn public-house.] From and
passing of this Act no wages shall be paid to any work-
er within any public-house, beershop, or place for the
ny spirits, wine, cider, or other spirituous or fermented
r any office, garden, or place belongmg thereto or occupied
h, save and except such wages as are paid by the resiaent
r occupier of such pubHc-house, beershop, or place to any
1 honafde employed by him.
person who contravenes or fails to comply with or
any person to contravene or fail to comply with this Act
gmlty of an offence against this Act.
le Coal Mines Regulation Act, 1887, 60 & 51 Vict c. 68, s. 11,
follows : (1) No wages shall be paid to any person employed
at any mine at or within any pablic-honse, beershop, or place
ude of any spirits, beer, wine, cider, or other spirituous or
1 liquor, or other house of entertainment, or any office, garden,
belonging or contiguous thereto or occupied therewith :
y person who contravenes or fails to comply with, or permits
m to contravene or fail to comply with this section, shall be
; an offence against this Act ; and in the event of any such
ition or non-compliance by any person whomsoever the owner,
ad manager of the mine shall each be guilty of an offence
his Act, miless he prove that he had taken all reasonable means
hing, and to the best of his power enforcing the provisions of
ion to prevent the contravention or non-compUance. The
B stated ibid.f section 59.
lietalliferous Mines Act, 1872, 35 & 36 Vict. c. 77, s. 9,
a provision nearly in the same words. The penalty is stated
tlon 31.
18 definition of workman here given is nearly identical with
01 in the Employers and Workmen Act, 1875, 38 & 39 Vict.
LO, but not quite so extensive. The decisions, however, under
r Act will usually apply to this Act.
312 WAGES IN PUBLIC-HOUSES, &0., 1883, 8. 5.
AppUdx. And in the event of any wages being paid by any penonb
— contravention of the provisions of this Act for or on behuf of my
employer, such employer shall himself be guilty of an ofioMlj
against this Act, unless he prove that he had taken all leasomUi
means in his power for enforcing the provisions of this Actui^
to prevent such contravention.(a)
4. Penalties,] Every person who is guilty of an o£fence agaiaii I
this Act shall be liable to a penalty not exceeding ten waak \
for each offence ; and all offences against this Act may oefn*)
secuted and all penalties under this Act may be recovered by flfy
person summarily in England in the manner provided by fli
Summary Jurisdiction Acts, and in Scotland in liie mamflt]
provided by the Sunmiary Jurisdiction (Scotland) Acts, 1884
and 1881.
5. Act not to apply to Ireland.] This Act shall not sp^
to Ireland.
(a) The description of public-houses, &c., here is not quite i»
extensive as in the above quoted sections of the Mines BmJitioi
Acts, which contain the words "or other house of entertamiMBL*
The places for the sale of spirits, beer, wine, cider, &c, include hooNi
which are licensed for consumption off the premises. The ponoii vl»
will be liable under this section will be the paymaster, whoever he H
and the employer will escape liability if he can show that he took
reasonable means to prevent the contravention of the Act, and iMii
means seem to be an express direction to his clerks, managen, iDCit
not to pay the workmen in sach houses.
No parliamentary polls at inns.] No poll at any election for
bers of parUament in England and Wales shall be taken at any iifi|
hotel, tavern, public-house, or other premises Ucensed for the saleotbeM^
wine, or spirits, or in any booth, hall, room, or other place directly O0M>
municating therewith, unless by consent of all the candidates expimtd
in writing : 16 & 17 Vict. c. 68, s. 6.
No borough justices' room to be at inn.] (1) The council of a homt^
having a separate commission of the peace shall provide and fomiih t
suitable justices' room, with ofiBces, for the busmesa of the bonwgh
justices. (2) No room in a house Ucensed for the sale of intozioHtiig
liquors may be used for this purpose : 45 & 46 Vict. c. 60, b. 160.
At parliamentary elections tw inns for committee rooms.'] («) Any
premises on which the sale by wholesale or retail of any intoxicatnf
liquor, is authorised by a license (whether the Hcense be for consinnpta
on or off the premises) ; or (&) any premises where any intoxicadaf
liouor is sold or is suppUed to members of a club, society, or aai
other than a permanent political club ; or (<t) any premlflet
46 & 47 VICT. c. 31, s. 5. 3ia
Polls and Meetings , dtc, in Public-fumses, Appndx.
ment of any kind, whether food or drink, is ordinarily sold for
iption on the premises ; or (<f) the premises of any pnblic elemen-
hool, in receipt of an annual parliamentary grant, or any part of
^ premises shall not be used as a committee room for the purpose
lisbing or procuring the election of a candidate at an election ;
any person hires or uses any such premises, or any part thereof,
sommittee room, he shall be guilty of illegal hiring, and the
letting such premises, or part, if he knew it was intended to use
le as a committee room, shall also be guilty of illegal hiring.
Dd that nothing in this section shall apply to any part of such
3B which is ordinarily let for the purpose of chambers or offices, or
ding of public meetings, or of arbitrations, if such part has a
;e entrance, and no direct communication with any part of the
SB on which any intoxicating liquor or refreshment is sold or
d as aforesaid : 46 & 47 Vict. c. 51, s. 20.
"mhieipal elections no committee rooms in inns, 4*^0 (1) (^) Any
es which are licensed for the sale of any intoxicating liquor, for
Iption on or off the premises, or on which refreshment of any
N^hether food or drink) is ordinarily sold for consumption on the
es ; or (&) any premises where any intoxicating liquor is supplied
ibers of a club, society, or association, or any part of any such
B8, shall not for the purpose of promoting or procuring the election
ndidate at a municipal election, be used either as a committee
r for holding a meeting, and if any person hires or uses any such
OS, or any part thereof, in contravention of this section, he shall
ty of illegal hiring, and the person letting or permitting the use
I premises, or part thereof, if he knew it was intended to use the
n contravention of this section, shall also be guilty of illegal
(2) Provided that nothing in this section shall apply to any
such premises which is ordinarily let for the purpose of cham-
offices, or the holding of public meetings, or of arbitrations, if
irt has a separate entrance, and no direct communication with
rt of the premises on which any intoxicating liquor or refresh-
\ sold or supplied as aforesaid : 47 & 48 Vict. c. 70, s. 16.
iery or treating on licensed premises.'] With respect to a person
I a license or certificate under the Licensing Acts (in this section
1 to as a licensed person) the following provisions shall have
If it appear to the court by which any licensed person is
ed of the offence of bribery or treating that such offence was
i;ed on his licensed premises, the court shall direct such conviction
itered in the proper register of licenses.
If it appears to an election court or election commissioners that
)ed person has knowingly suffered any bribery or treating in
ce to any election, to take place upon his licensed premises, such
)r commissioners (subject to the provisions of this Act as to a
having an opportunity of being heard by himself, and producing
WAGES IN PUBLIC-HOUSES, &C., 1883.
Polls and Meetings, dtc, in Ptiblic-houses,
evidence before being reported), shall report the same ; and wbete
snch person obtained a certificate of indemnitj or not, it shall be ttl
duty of the director of public prosecutions to bring sndi report befion
the licensing justices from whom, or on whose certificate the hceiMl
person obtained his license, and such licensing jnstices shall cause nk
report to be entered in the proper register of licenses.
(^.) Where an entry is made in the register of licenses of any vA.
conviction of or report respecting any licensed person as above in tUl^
section mentioned, it shall be taken into consideration by the tic
justices in determining whether they will or will not grant to sudiM^^
son the renewal of his license or certificate, and may be a ground, izttl
justices think fit, for refusing such renewal. And where the evidnfli
shows any corrupt practice committed by a licensed person, the eleetki
commissioners are to report the case to the director of public prosea*
tions : 46 & 47 Vict. c. 51, s. 38. This section was extended to habttf
and treating at Municipal elections : 47 & 48 Vict, c 70, s. 23. He
section was also extended to bribery and treating at elections for ill
members of local boards, under the Public Health Act, memben of
improvement conmiissioners, of guardians, and members of mAfod
boards, except that as to these last elections, candidates' committeBi
may be held in public-houses in districts not being urban sanitary ^
tricts, or not being in the metropolis : 47 & 48 Vict. c. 70, s. 36.
If debtor arrested not to be taken to pubUc-Twu^e,'] Where aiy
officer whatsoever arrests or has in custody any person by virtue of aiy
action, writ, or attachment for debt, such officer shall not (a) coiim
such person without his free consent to any house licensed for the aie
of intoxicating liquors, &;c., nor (&) charge such person with an? mm
for, or procure him to call or pay for any liquor, food, or thing whatao*
ever except what he freely asks for : 50 & 51 Vict. c. 55, s. 14.
Giving drink as part of wagesj] The Truck Amendment Act, 1887,
50 & 51 Vict. c. 46, s. 4, provides that no contract with a servant in
husbandry, to give intoxicating drink in addition to money wages diaD
be legal.
Disinfecting room^ in licetised houses,'] Any person who knowingly
lets for hire any house, room, or part of a house in which any person hM
been suffering from any dangerous infectious disorder, without having
such house, room, or part of a house, and all articles therein liable to retain
infection, disinfected to the satisfaction of a legally qualified medical
practitioner, as testified by a certificate signed by him, dall be liable ton
penalty not exceeding 201, For the purpose of this section the keq^
of an inn shall be deemed to let for hire part of a house to any
Admitted as a guest into such inn : 38 & 89 Vict c. 55, s. 128.
49 & 50 viOT. 0. 56. 315
LICENSING EVEDBNCB ACT (1884). Appndx.
47 & 48 Vict. Cap. 29.
lOT to extend Section forty-one of " The Licensing
let, 1872. [28th July, 1884.]
I4S by the 4l8t section of the Licensing Act, 1872, it is pro-
lihat magistrates or justices in petty sessions may, if the
ition is for the grant of a license, receive a copy of the
if the same has been wilfully withheld by the holder
f and it is expedient to extend the said section :
t enacted, &c., as follows :
Extension of 35 d 36 Vict, c. 94, s. 41.] Section 41 of
sensing Act, 1872, shall be construed as if after the words
Bation is for the grant of a license " there were inserted the
^ or for the transfer of a license."
ided that the magistrates or justices shall be satisfied by
56 submitted to them that the license is withheld without
;al right to withhold the same.(a).
3hort title.] This Act may be cited as the Licensing
ace) Act, 1884.
XICATING LIQUOES (SALE TO CHILDEEN)
ACT, 1886.
49 & 50 Vict. Cap. 56.
DT for the Protection of Children against the Sale to
lem of Intoxicating Liquors,
[25th June, 1886.]
BAS it is expedient to protect young children against the
d consequences resulting from their being permitted to
je intoxicating liquors for their own consumption :
i therefore enacted, &c., as follows :
lie words here directed to be inserted will be found within brackets
5 & 36 Vict. c. 94, s. 41, anie, p. 74. See notes to that section.
H6 SALE TO OHILDBEN ACT, 1886.
ippndz. 1, Sale of liquors to children to be illegal.] E^
of a license who knowingly sells, or allows any person
description of intoxicating lic^uors to any person nnde
thirteen years for consumption on the premises by
under such age as aforesaid, shall be liable to a pen
ceedinff twenty shillings for the first offence, and no
forty Gainings for the second aad any subsequent offei
2. Legal proceedings.] For the purposes of alllei
ings required to be taken under the foregoing secti
shall be construed as one Act with the LicensiDg
1874.
3. Extent of Act.] This Act shall not extend to
4. Short title.] This Act mav be cited for all pui
Intoxicating Liquors (Sale to Children) Act, 1886.
5. Commencement of Act.] This Act shall come
tion on Slst July, 1886.
(a) See this section in notes to Act, 1872, section 7, m
FORMS OF LICENSES.
317
FOEMS
Appndx.
FOBMB.
FOBM OF REFRESHMENT HOUSE LICENSE.
(23 & 24 Vict. cc. 27, 107, and Acts amending the same.)
I, the undersigned, duly authorised by the Commissioners of Inland
afvome, hereby grant license to now being a householder,
id dwelling in a house in in the parish of in the
■ of to keep open the said house as a refreshment
«8e, and to sell any victual or refreshment to be consumed therein,
id in the premises thereunto belonging (provided that for the sale of
J excisable or intoxicating liquor he shall have in force a proper
iense granted to him in that behalf), and for this license he hath paid
* sum of the said house and premises being — — —
A value of thirty pounds a year ; and this license is granted upon con-
tioQ that the said do not wilfully or knowingly permit any
ronkenness, or any violent or quarrelsome, or other disorderly conduct,
lids house or premises, nor knowingly suffer any unlawful games or
7 gaming whatsoever therein, nor knowingly suffer or permit persons
! known bad character to assemble and meet together therein, but do
Aiutam good order and rule therein : And this license shall continue
lorce from the day of the date her<%of until the first day of April
fXt ensuing ; and this license shall cease and determine, and shall
oome void, in case any of the conditions or regulations contained
Btein shall be transgressed or shall not be observed.
Dated this day of 18 — ,
(L.S.)
Collector of Inland Revenne.
318 FOEMS OF LICENSES AND CERTIFICATES.
Appndx. FORM OF PUBLICAN'S EXCISE LICENSE.
FoBMS. (6 Geo. 4, c. 81 ; 43 & 44 Vict c 20.)
I, the undersigned, duly authorised hy the CommiBsioneiB of
Revenne, hereby grant license to residing in a house
at in the parish of in the* of
known by the sign of to exercise and cany on the tnd» )
business of a retailer of spirits in the said honse, and to aeU bj : '
therein spirits, wine, sweets, made wines, mead, methegHn, beer, u
and perry, to be consumed either on or off the premises, fiomuei
of the date hereof until and including the tenth day of October)
ensuing, such house and premises being rented or valued at the ni
annual sum of £ , and I also hereby grant license to him l»|
deal in and sell tobacco and snuff during the term above mentioned, b I
having paid for this license, being ^^-^— license, the midflr«iMi»]
tioned duties, amounting together to the sum of £ ,
Dated this day of 18 — ,
Retailer of spirits „ „
Dealer in tobacco „ „
Total
»
(lA)
Collector of Inland Berenne.
Note. — This license, so far as it relates to the sale of IntozkitiBI
liquors, becomes void if the ma^sterial license granted to the BeeBM
is forfeited in pursuance of " The Licensing Act, 1872," or becoB*
void under any of the provisions of that Act (see 35 & 36 Vict e, H,
s. 63).
FORM OF JUSTICES' CONSENT FOR AN OCCASIONAL
LICENSE.
(25 Vict. c. 22, 8. 13 ; 26 & 27 Vict. c. 33, s. 20 ; 27 Vict c. 18,8. 6;
37 & 38 Vict. c. 49, ss. 18—20; 37 & 38 Vict c. 69, 6& 4-6.)
I, the undersigned, a justice of the peace, usually acting at the pettj
sessions for the petty sessional division within which the place of n^
hereinafter mentioned is situated, hereby consent to the grant of ii
occasional license to — ^— of (a) in the comity of •
authorising him to sell(&) on the(c) — ^— ^— day of •
188 — , between the hours of ^^—^— o'clock in the forenoon in*
^^-^— o'clock in the afternoon (being not earlier than minrUe 9tf
later than ten o^ clock at night , unless the occasinn be a public iiWMf
trr ball(d) ) in a(f ) situate at in the ptfiih d
FORMS OF LICENSES AND CERTIFICATES. 31&
■ on the occasion of (/) he being a person duly Appndz.
tied to sell the same at the premises first above mentioned.
ited at this day of 188—. FOBMS.
J. P.
UB consent signed by a justice is to be produced, with the proper
, to the collector or supervisor of Inland Revenue, who thereupon
|[mnt the occasional license.
le duty payable is as follows : — For a licensed victualler, 2s. 6d. a
for a beer retailer and for a wine retailer, Is, a day ; for a tobacco
aadt dealer, id. a day. No duty is chargeable for the sale of
dunents only.
) Insert the premises for which the applicant is licensed.
I Insert the articles for sale of which the license is required.
I Insert the day or days for which the license is to be granted.
I An extension of the hours of sale is only allowed on the occasion
J public dinner or ball.
I Insert in the place of sale, as, " a tent," " a booth," " a stall,"
xmi," or according to the fact.
I Insert "an agricultural show," "public races," "a fair," "a
et match," or according to the fact.
FORM OF OCCASIONAL LICENSE.
?ict c. 22, s. 13 ; 26 & 27 Vict. c. 33, ss. 19, 20; 27 Vict. c. 18,
B. 5; 37 & 38 Vict. c. 49, ss. 18—20; 37 & 38 Vict. c. 69,
88.4—6.
the undersigned, duly authorised by the Commissioners of Inland
ane, hereby grant license to of, &c., in the county of
1 on the day of 188 — , between the
I of . o'clock in the forenoon and o'clock in the
noon (being not earlier than sunrise nor later than t&ii o'clock at
J, vmless the occasion he a public dinner or ball), in a
^ at on the occasion of he being a person duly
led to sell the same at the premises first above mentioned, and
ig produced to me the consent of a justice of the peace for the
k 01 this license, as required by the enactments in that behalf.
ted this day of 188—.
Duty paid £
s. d.
Collector.
(L.S.)
Supervisor.
is license does not protect the person to whom it is granted, unless
1 time of sale he produces it when requested so to do by any oflBcer
land Revenue, or by any constable or police officer.
320 FORMS OP LICENSES AND CBETIFIOATBS,
Appndx. FORMS OF LICENSES AND CERTIFICATES
^^®' Issued by the Secretary of State.
I. FoBM OF Grant of a New Licensb, and CoNFnuiAnoi
SUCH Grant.
Licensing Act^ 1872.
At the general annual licensing meeting \_or an adjonnunent oi
general annual licensing meeting] holden at ^ oi
day of . 188 — , for the division of —
the county of \_or for the borough of :]
(a.) We, being of the justices acting for the said diii
and being the majority of those at the said meeting assembled,
or,
(&.) We, being the majority of the members present of the bor
licensing committee, appointed for the said borough in puisaaD'
the Licensing Act, 1872,
or,
(c) We, being of the justices of the said borough,
being the majority of those at the said meeting assembled,
Hereby grant unto A, B., of Inhere insert a Ha
victualler, beerhouse keeper, coffeehouse keeper, confectioner, ea
house keeper, licensed dealer in spirits, a refreshment house keep
wholesale spirit dealer, the holder of a strong beer license, or m
case may be], this license authorising him to apply for and hold —
[Here insert, A,, or B., or C, , , , . or M., as in the Afpsi
p. 323, as the case muy be.]
The owner of the premises in respect of which this licenM is gn
is M, N., of .
This license shall be in force from the day of — r
until the day of .
Witness our hands. {^Signature qfjuttiees,
* Note. — A license may be authenticated by an official seal ia
of signatures (36 & 36 Vict. c. 91, s. 40, sub-sect 3), applying 8S
Vict, c 29, s. 4, sub-sect. 2. In that case insert, instead of **in
our hands" — "given under the official seal of the said jofltiof
sessions assembled, which seal is hereto affixed in their presenoe b|
CD,, Clerk of the licensing justices,'* or as the case may be*
aifS OF LICENSES AND OEBTIPICATES. 321
Confirmation, Appnax.
ing holden at , on the day of
b^g the majority of members present at the county
mmittee, appointed for the said county in pursuance of
ig Act, 1872, do hereby confirm the grant of the aboye
or hands.*
or,
being of the justices of the said borough, and
ijority of those at the said meeting assembled, do hereby
^rant of the above license,
or hands.*
or,
being the majority of the members present of the joint
appointed for the said borough in in pursuance
sing Act, 1872, do hereby confirm the grant of the above
or hands.
lSignature8 of Justices.']*
OF Bbkewal op a License, 35 & 36 Vict. c. 94, s. 74.
Licensing Act, 1872.
sral annual licensing meeting [or an adjournment of the
annual licensing meeting] holden at on the
— day of , for the division of , in the
of [or, for the borough of ] :
being of the justices acting for the said division,
le majority of those at the said meeting assembled,
or,
being of the justices of the said borough, and
ajority of those at the said meeting assembled,
rant unto A. B., of ihere insert, a licensed
eerhouse keeper, coffee house keeper, confectioner, eating-
r, licensed dealer in spirits, a refreshment house keeper, a
irit dealer, the holder of a strong beer license, or, as the case
is renewal license authorising him to apply for and hold
[Here insert A,, or J9., or C. , . , or M, as in the
p. 323, as the case may hej]
r of the premises in respect of which this license is granted
ise shall be in force from the day of ,
day of .
>nr hands.
[Signature of Justices,]*
322 FORMS OP LICENSES AND OEETIPICATBS.
Appndz. III. The same bt way of Indobsement, 85 & 36 Vict.
— " C. 94, S. 48 (2).
PORUS. 1
QTo be indorsed on the Lioensey or ana copy thereof,)
At the general annnal licensing meeting [or, an adjournment of fli
general annual licensing meeting] nolden at •, (ft tN
day of , for the division of -,1* ttl
county of [or, for the boroogh of ] :
(a.) We, being of the justices acting for the said diTiifli
and being the majority of those at the said meeting assemUed,
or,
(J.) We, being of the justices of the said boiOQ|^ «
being the majority of those at the said meeting assembled.
Hereby renew the license within contained, and such licflDM i
renewed shall be in force until the day of .
The owner of the premises in respect to which the license is gnat
is 3f.iV., of .
Witness our hands.
[Signatures o/JwHeet,]^
IV. FoEM OF Transfer License granted at Special Smbioi
IN PURSUANCE OF 9 Geo. 4, c. 61, 8. 4.
At a special session holden at , on the day
for the division of , in the county of
[or, for the borough of ] :
(a.) We, being of Her Majesty's justices of the pc
acting in and for the said division, and being the majority of thM
the said sessions assembled,
or,
(J.) We, being of the justices of the said borough, and be
the majority of those at the said meeting assembled.
Hereby, pursuant to section 4 of the Intoxicating Liquor licen
Act, 1828, and the Acts amending the same, license one CD,
, and transfer to him* the license now held by A,B.
■ [here insert a licensed victualler, beerhouse keeper, co
house keeper, confectioner, eating-house keeper, licensed deala
spirits, a refreshment house keeper, a wholesale spirit dealer, the he
of a strong beer license, or as the ease may he"}, and gprantedoi
day of last, authorising him to hold
[Mere insert A. or B, or C. . . , or JhT., tis in the Ajfpen
p. 323, as the case may be.'\
*[Ifhy indorsement, say from the asterisk^* the license within
tained now held by the within-named A.B.
And we hereby authorise the said CD. to apply for and hold [ti
cases of alehouses insert, any of the said excise licenses, as now heli
well as those which were not held by the said A.B : — in other i
insert, the said excise license so held by the said A.BJ]
This transfer to be in force from this day until the .
Witness our hands.
[Signature* qfjuttiets.
FOBMS OF LICENSES AND CERTIFICATES. 32^
^. FoBM OF Grant of License at Special Sessions, in Appndx
PUBSUANCE OF 9 GeO. 4, C. 61, 8. 14. _
' FOBMS.
■At a Bpediil sessioiu holden at on the day of
— — - for the diyision of in the county of
[or for the horongh of ] :
fii.) We, being of the justices acting for the said division,
lad being the majority of those at the said sessions assembled,
or,
ri».) We, being -^— ^— of the justices of the said borough, and
Ug the majority of those at the said sessions assembled.
Hereby, pursuant to section 14 of the Intosicating Liquor Licensing
kct, 1828, and the Acts amending the same, grant unto A.B, of
[here insert a licensed victualler, beerhouse keeper, coffee-
keeper, confectioner, eating-house keeper, licensed dealer in spirits,
lefreshment house keeper, a wholesale spirit dealer, the holder of a
lODg beer license, or as the case may &^], this license authorising him
» i^^ly for and hold
TJEtere insert J.., or B,, or C. . . . or M., as in the Appendix
iow, as the case may hej]
The owner of the premises in respect of which this license is granted
M. If., of .
This license shall be in force from the day of to
e day of .
Witness our hands.
[Signatures of Justices,']*
FOBMS OF DESCBIPTIONS OF THE SEVEBAL LICENSES (FOB
INSEBTION IN THE PBEVIOUS SKELETON FOBMS).
A.
Alehouse license (on or <>#").] Any of the excise licenses that may
t lield by a publican for the sale by retail, at a house situated at
, known by the sign of the ', of intoxicating liquor, to
eonsamed either on or off the premises.
Xfthe licence he a six-day license add as a separate paragraph :
The premises in respect of which this license is granted shall be
ited during the whole of Sunday.
B.
Beerhouse license (ojf ).] An excine license to sell by retail at a
use sitnated at beer to be consumed off the premises, in
mnance of the Act 11 Geo. 4 & 1 Will. 4, c. 64, and Acts amending
Bsame.
Y 2
324
EOBMS OF LICENSES AND OEBTIFIOiTSS.
Appndz.
FOBMS.
c.
Beerhouse license (on or o/f ).] An excise license to sell 1]jRtailjt|
a house situate at beer to be consmned either on or oil'
premises, in pnrsnance of the Act 11 GeOi 4^1 Will 4, c 6i,(
Acts amending the same.
If the license he a siw-day license add as a separate pai^rs§k:
The premises in respect of which this license is gnmted shiU bi i
closed daring the whole of Sunday.
D.
Cider and perry license (on or off), ] An excise license to seD ty wtd
at a house situated at dder and peny, to be consumed eitki
on or off the premises, in pursuance of the Act 11 Greo. 4 & 1 WilLI^
c. 64, and Acts amending the same.
If the license is a siX'day license add as a separate paragraph:
The premises in respect of which this license is granted shiU ki
closed during the whole of Sunday.
E.
Additional license to strong beer dealers,'] An additional exei*
license to sell by retail at a house situated at — ^— beer to U
consumed on the premises, in pursuance of the Act 26 & 27 Vkt
c. 33. s. 1.
F.
Table-beer license (offy] An excise license to sell by retail it •
house situated at table-beer, to be consumed off the ^"^
in pursuance of the Act 24 & 25 Vict. c. 21, s. 3.
G.
Wine license to shopkeeper (q/f ).] An excise license to sell by ntti
at a shop situated at , wine to be consumed off the weiiiiM^
in pursuance of the Act 23 Vict. c. 27, s. 3, and Acts amenaiiig ^
same.
H.
License for wine to a refreshment house keeper j confeetUmer^ tf
eating-house keeper (on or off)."] An excise license to sell by retiil»
a house situated at wine to be consumed either on or off tfci
premises, in pursuance of the Act 23 Vict. c. 27, ss. 7 and 8, and Adi
amending the same.
If the license is a six-day license add as a separate paragraph :
The premises in respect of which this license is granted shall becloiKd
the whole of Sunday.
TOBMS OF UOENSES AND GEBTIFIOATES.
325
Appndx.
lieented dealer's additional spirit license (o/f ).] An additional Pobms.
fe Ueense to sell by retail at a shop titnated at spirits, to
oosomed off the premises, in pnrsnance of the Act 24 & 25 Vict.
,s.2.
K.
\eense for liqueurs in shops {pffy] An excise license to sell by
1 at a shop situated at liqnenrs, to be consumed off the
iises, in pnrsnance of the Acts 11 & 12 Vict. c. 121, and 23 & 24
. c. 114, and Acts amending the same.
\eenge for sweets to a refreshment house keeper y confectionery or
tg'kouse keeper (on oroff').'} An excise license to sell by retail
house situated at ■ sweets, to be consumed either on or off
remises in pnrsnance of the Act 6 Geo. 4, c. 81, and Acts amend-
he same.
the license is a six-day license add as a separate paragraph :
le premises in respect of which this license is granted shall be
d the whole of Sunday.
M.
oeets license to shopkeeper (off).'] An excise license to sell by
1 at a shop situated at sweets to be consumed off the
lises, in pursuance of the Act 6 Geo. 4, c. 81, and Acts amending
ame.
INDEX.
Addon against justices for penalty, 113 ; none for refusing license^
189.
none for price of liquor consumed on premises, 263.
to recover accounts for spirits, 261.
Address of person found in closing hours, 107.
of person interested in premises, 121.
of person found where liquors kept, 173.
Adjacent places to towns included, 188.
Adjoining, dnnking on premises. 111.
Adjournment of application for renewal license, 75 ; when objec
tion started to renewal, 78.
valuation of premises sufficient at, 87.
of general licensing meeting, 178, 195.
in Middlesex and Surrey, 196.
re-hearing a case at, 196.
giving notice of application in time for, 196.
of appeal at quarter sessions, 212.
of special transfer sessions, 196, 290.
to allow notices to be given, 195, 278.
notice of, to parties, 178.
Admitting constable into premises, 171.
Adulteration of liquor, 166; selling with label, 167; holding
warranty, 169 ; defence as to, with water, 167 ; of beer, 167 ;
penalties as to, 168 ; affi x ing notice as to mixing liquors, 169.
Advertising bettin|;-house office, 42.
variation of Sunday hours, 153.
notice of a new license, 71.
Affixing name on licensed premises, 19, 156.
inscription on music and dancing places, 31.
notice of exemption order, 53.
notice of six-day licensed house, 89.
notice of billiard license, 140.
notice as to mixing liquors, 169.
hours of closing refreshment house, 163, 271.
hours of closing night-houses, 148.
hours on early closmg houses, 156.
328 INDEX.
Ams uf ^:hil4r^ buying liqnorn^ 15,
A^mti (or (kftbf in \u{wm^ 4
AgKH<$v<4 i*«fwmi, who w, lOI, 21 L
disnmnding cane for Hi^ Cotui, Id
fmtikin^ certiorari^ I^
Ai4ii»« ttn4 ft^J^tingby «4;rvant, 24,
Al^liouM^ in pu)iUc plaoi, 22,
fouml drunk in, 2\,
Hee ** Public-houiie f ** Licimuc,"
Al*jhou*wi Act«, 9 G(W). 4, c. ($1, 187,
B & Vict, c, 44 237,
Hm " Li caniMi ;*' " B«n<jwal ;'* " Tranufer f « Notice,"
AlU^i'iug whisre a new )ic<mMi rc^i^uircd, 136,
UceniKHl livammmf 6, 136.
hourw of ('.xt^niption order, 62.
!iour« of Huncfay cloning, 163.
AnalytiiM of liquors adulterated, 168.
AnalyMt of adulterated liquow, 169.
Annual liceniiing meeting. See ^^General Annual^ &c.^
Annual value of future in-door licenced hoiwes, 82, 84.
of beerhouweH before 1872, 232.
of wine houHeu (on), 244.
how aMcertained, 86.
rating not now needed for Ucenite, 84.
Hulficiont if made ho at adjournment, 87, 196.
for excine liceuNeH^ 304, 306.
Aj»i»eftl, fourteen dnyw' notice before, 210.
agaiuHt excise convictlonH, 8.
againnt betting-hou»e convictions, 44.
ugaiuHt gaming-houHu convictions, 40.
ttguinnt conviction for harbouring thieves, 29.
agaimit conviction for billiard onence, 139, 142.
againnt refunal to renew, 79, 210.
againiit a)iy oouvictiou, 101.
recognixancu in conviction appeals, 102.
if appeal againnt conviction succeeds, 103.
none agaiuHt refusing billiard license, 139.
none agtvinst reftisal of new certificates, 179.
if owner can appeal, 211.
adding restrictions to right, 211.
lui to costs on, 813.
to county quarter sessions, 212.
by refi'esluuent house keeper, 251.
eonst4\ble piH)aecutin|{ refi^nuent house keeper, 852.
notices as to convictions sent by post, 103.
to House of Lords in fuatKiamv^ 198.
INDEX. 329
peal to quarter sessions as to new ^ants, 145, 179.
as to transiers and renewals, 210, 211,
290.
costs upon, 210, 213, 251.
adjournment of, 212.
temporary license during, 105.
a case can be stated, 212.
to High Court by case stated, 104.
to justices by owner against disqualification, 109.
>lication of penalties, 94 ; in boroughs, 94.
preJiending drunken person, 21, 23.
persons found in closing hours, 107.
ay Act, 1881, sections as to canteens, 23 ; billeting, 226.
est of debtor; not to be taken to inns, 314.
sralting constable entering premises, 171.
ambling of prostitutes, 26.
of thieves, penalty, 28.
Lgnee of license holder, 169, 201.
of landlord enforcing covenants, 224.
empt to obtain liquor falsely, 48.
endonce for renewal of license, 75.
sickness excusing, 200.
ending in person for license, 200.
l;hentication of licenses and certificates, 72, 289.
B.
^telle included in billiards, 140.
I9 a special occasion for exemption order, 56.
public, occasional license for, 265.
refreshment house license for, 271, 273.
ikruptcy of licensee, 3, 9, 201.
application to next transfer sessions, 3.
how far license is property, 9, 207.
ter of liquor, 115.
iTy definition of, 133.
duty on license by publicans, 264.
sale of spruce, or black, 123, 124.
sale bv retail, 8, 130.
sale of, without excise license, 3, 220, 229.
partners in license, 220.
exemption order near markets, &c., 50, 152.
license to sell, includes cider and perry, 222, 302.
excise duties on licenses, 302.
dealers' additional retail license, 263, 292, 299.
330 INDEX.
Beer, valuation qualification for, 231.
when residence not necessary, 263.
duty on, 263.
discretion of justices as to, 280, 299.
sellers of, formerly not to sell spirits, or wine, or sweete,
229 ; not now prohibited, 268.
must be resident occupiers, 233.
license for, requires valuation qualification, 84, 86, 231, 298,
295.
not liable to some penalties as to billiards, 142.
absolute discretion of justices now as to, 298.
fraud in obtaining license, 219.
adulteration of, 168.
in-door license since 1869 cannot be refused, 286.
duration of license same as publican's, 258.
botanic beer, 276.
cider separate from beer, 222
license for, in 1840 privileged, 236.
occasional license to beerseller, 268 ; duty on same, 268.
brewers making, for domestic use, 301.
See " Sunday ;" " License ;" " Wine and Beerhouse Acts.''
Beerhouse Acts, 1 Will. 4, c. 64, 217.
4 & 6 Will. 4, c. 86, 225.
3 & 4 Vict, c 61, 231.
33 & 34 Vict. c. Ill, 294.
43 Vict c. 6, 299.
44 & 45 Vict. c. 61, 306.
Betting-house, manager of, 41.
using licensed houses, 37, 40.
Bicycle, if included in carriage, 22.
Bill of sale, lease with power of distress, a, 207.
Billeting soldiers in victualling-houses, 226 ; remedies as to, 227.
Billiard licenses, playing for money in licensed houses, 37, 39.
wager on game of billiards, 40.
evidence of betting, 41.
deposit on bet, 42.
advertising betting, 42.
warrant to search, 43.
how applied for, 139.
no appeal against refusal, 139.
form and duration ofi 139, 140.
no excisable liquor to be consumed, 139.
penalty for unlicensed, 140.
offences connected with, 141.
constable to visit, 140.
closing hours, 141.
lodgers in licensed houses playing at, 142.
INDEX. 331
ird licenses, appeal against conviction of licensee, 142.
beersellers not liable to some penalties, 142.
excisable liquors in, 306.
ding house, keeper of, liable for guest, 266.
s and packets, liquors in, 123, 238.
duties on sale in, 305.
fide traveller, 159 ; in Wales, 308.
3 allowing gaming, in licensed premises, 38.
agh, definition of^ 131.
grant of new licenses in, 67.
licensing committee in, 67.
powers of, 70.
licensing meetings, how held in, 192.
in quarter sessions boroughs, 193
county justices not to interfere in licenses, 69.
brewers as justices in boroughs, 70.
justices of, not to use licensed house, 193.
penalties, how applied in, 1 93.
precept to constable in, 195.
costs by quarter sessions on appeals from, 214.
justices not to meet in inns, 312.
joint committee, 68, 175, 178.
ttic beer, license for, required, 276.
)l in license, 205.
'ers, when disqualified as justices, 113.
excise duties on brewers of beer, 301.
T3fter Sessions, holding of, 194.
when adjourned, 195.
notices when adjourned, 178.
sry by licensed person, conviction entered in register, 64.
of electors in inns, 313.
ing constable, penalty for, 36.
sh sherry, license for, 242.
wine included in license for foreign, 248.
bel, evidence of once using, 35.
conviction for a, voids license, 5, 34.
indictment or summary proceeding, 35.
licensed house, if used as, 34.
en of proof as to travellers, 95, 160.
as to other matters, 95.
C.
eens, sale of spirits in, 123.
-playing in licensed houses, 37.
lage on highway driven by drunken person, 21 ; if carriage
includes bicycle, 22.
332 INDEX.
Canying liquor for consumption, 13.
from licensed premises, 116.
See " Wine and Beerhouse Acts," and " license."
Case stated for High Court in convictions, 104.
who may demand, and notices, 105.
if stated as to licenses, 212.
Casting vote of chairman of joint committee, 69.
Cattle, drunken person in charge of, 21
GeTism, population as to, 117.
using for declaring populous place, 18&
as to (on) wine license, 244.
Certificates under Wine and Beerhouse Acts, 280.
included in license under Licensing Act, 129.
form of, 277.
fees of, 282.
forgery of, 169, 284.
appeal against refusal of, 283.
some not to be refused, 279, 286.
Certiorari as to convictions, &c., 106.
where case stated for High Court, 105.
not allowed to quash, when, 106.
quashing licenses, 85, 192.
none to quash excise license, 233.
Chairman of joint committee has casting vote, 69.
Chamberlain, Lord, control of theatres, 124.
Change of occupancy of premises, 201.
Chapel, affixing notices of licensing meetings, 194, 197.
notice of applications for new license, 278.
Character, additional evidence of, on appeal, 212.
of applicant for license, 189, 280.
Children, sale of spirits to, 15, 315.
proof of age of, 15.
varying closing hours, 153.
Chimney sweep, excluding from premises, 45.
Christmas Day, closing premises on, 149.
in Wales, 309.
occasional licenses on, 260.
for billiards, 142.
Christmas Eve, special exemption order for, 56.
Church door, notices on, 250, 251.
of holding licensing meeting, 194, 197.
notice of applications for license on, 278.
dissenting chapels not included, 278.
Cider, license to sell by retail, 218.
all penalties as to beer apply to, 218, 222.
in-door license exemption order, 51.
INDEX. 333
sr, duties on license, 302,
is included in beer license, 222.
separate license for, 218, 222.
rating qualification, 231.
][ue ports, how licensing meeting held, 194.
county justices not to act in, 198.
statutes as to, 199.
iulars as to betting-house, 43.
*k of licensing justices,
definition, 131.
appointment, 62.
to allow inspection of register, 62.
unauthorised fees, 63.
to enter convictions in register, to send notice of
conviction, 107, 121.
signing extracts of register. 111.
justices to send notices to constables of licensing meet-
ing, 194
justices may stamp licenses, 289.
chsu^ging excessive fees, 290.
peace to be dferk of county licensing committee, 65.
costs at quarter sessions paid to, 214
sing of premises on Sunday and week-days, 148.
ngnt of license holder as to, 89.
as r^ards travellers, 89.
of theatre bars, 126.
of billiard tables, 141.
persons found on premises during closing hours, 47.
exemption order from, 60.
notice stating exemption hours, 51.
during special occasion, 56.
on Sunday in Wales, 389.
under six-day licenses, 91.
under eaily closing license, 155.
penalty for infringing closing hours, 157.
mends during, 157.
gift of liquor during, 158.
of night-houses, 163.
places with occasional licenses, 174.
of refreshment house not selling liquor, 271.
right to close at any time, 89.
in case of riot, 46.
exception from, in favour of travellers, 47.
of refreshment houses not selling liquor, 54, 163, 243.
selling wine, 54
334 INDEX.
Clubs supplying liquors, 4.
manager of sham, 4.
proprietary, if license needed, 4.
Cockfight m licensed premises, 30.
Combination, meetings for unlawful, 29.
Comedy, acting of, requires license, 124.
Commissioner of police granting exemption order, 52.
Commitment for non-payment, 98.
Committee, county licensing, 64 ; borough licensing, 70.
joint committee as to borough licenses, 68, 175, 178.
Common gaming house, 39, 41.
Communication, internal, with unlicensed places, 17.
continuance of license if forfeited, 169.
Company or firm, license to, 190.
owners of hotel, 267.
Computation of time includes Sunday on a case stated, 105.
as to appeal to quarter sessions, 102, 105.
as to notice for new license, 278.
Concurrent remedies, 1 12.
Conduct, disorderly, in licensed houses, 23.
in refreshment house, 250, 253.
Confectioner treated as victualling-house keeper, 190.
entitled to wine license, 244.
Confirmation of new licenses in counties, 64.
regulations as to, 65.
discretion of confirming authority, 65.
in borough licenses, 67.
opposition to, not allowed in some cases, 80.
costs may be awarded on, 80.
costs how recovered, 81.
for provisional license, 176.
rules for, 178.
required for removal, 92, 177.
none required as to out-door licenses, 178.
Consent to drinking on premises, 12.
of justice to occasional license, 264.
Constable, narbouring, in licensed houses, 35.
closing premises during riot, 46.
demanding license and exemption order, 117.
demanding name of persons found in premises, 47.
duty as to excluding drunkards, 45.
duty as to apprehending drunkards, 21.
entering on premises, 140.
entering gaming houses, 39,
entering betting houses, 43.
entering licensed premises to enforce Act, 171.
« .
INDEX. 335
table, evidence of, as to using as brothel, 35.
evidence of, as to prostitutes, 27.
fee on serving precept and notices, 208.
gift of liquor to, 36.
giving private information to justices, 77.
nigh constable, duty as to precepts, 194.
may inspect register of licenses, 63.
obtaining search warrant, 172.
proof of knowledge that constable on duty, 36.
prosecuting refreshment house keeper at quarter ses-
sions, 252.
punishment for assaulting, 171.
taking charge of one found drunk, 23.
to visit licensed billiard houses, 141.
to serve and affix notices of general meeting, 196.
turning out visitors, 50.
(omption of liquors on unlicensed premises, 10, 13.
by drunken man, evidence of sale, 116.
in refreshment house in closing hours, 54.
some evidence of sale, 115.
dnuance of license during appeal, 105.
if forfeited, 169.
Tacts as to sale of premises, 206.
miction, proof of previous, 7.
as to serving child, 15.
three recorded, cause disqualification, 57.
consequence of forfeiture for repeated, 58,
to be entered on copies of license, 87.
reversed by quarter sessions, 103.
notice of same, sent to owners, 108, 121.
several on one day. 111.
repeated, consequence of, 57.
disqualifying premises, 57.
after five years, eff^ect of, 60.
recording of, on license, 107.
omission to record, 61.
defacing record of, 61.
certiorari, as to, 106.
for felony disqualifies to sell spirits, 170.
also to sell beer and cider, 234.
also to sell wine, 248.
f of license in cases of transfer, 74.
to contain endorsement of convictions, 87.
of case for High Court, 105.
of entries in register of licenses. 111.
8 awarded by confirming authority, 80.
336 INDEX.
Costs other than on conviction, 94.
in case of small fines, 97.
in case of discharge without punishment, 97.
on dismissal of charge, 98.
on appeal to quarter sessions, 210, 213.
on appeal by refreshment house keeper, 261.
taxing at quarter sessions, 214.
of justices paid by county council, 215.
County council, some licenses transferred to, 33.
theatre licenses transferred to, 124.
allowing costs of justices defending their own acts, 215.
County quarter sessions, appeal on refusal of license, 212.
definition of, 130.
division of county for licensing, 194
issuing precept to hold general meeting, 194.
grant oi new licenses in, 64.
licensing meetings in, 188.
licensing committee in, 64.
liberty of, 217.
treasurer, costs of appeal paid to, 212.
Court of summary jurisdiction, 132.
Covenants in leases against using as alehouse, 222, 223.
by tenant to do nothing to affect license, 166.
to take beer from brewer, 234
not to use house for liquor, 224.
not to use house for, runs with land, 224
as to wine houses, 254.
Criminal information against justices, 191.
offence, master liable for servant's, 25.
Curtilage as part of premises, 86.
Custody of guests' goods in inn, 266, 267.
Customs as to closing hours abolished, 157.
as to fairs and races, 174, 259.
D.
Dancing licenses, 32. See " Music and Dancing."
in public-house, 33, 127.
in recreation rooms, 127.
Dealer in spirits, retail license, 128, 255, 304.
in wine, retail license, for, 127, 241.
in beer, retail license, 263.
grocer as wine dealer, 3.
valuation required, 292.
no residence required for, 263.
INDEX. 337
Dealer in spirits, traveller for, soliciting orders, 4.
Death of licensee, 3, 201.
executors may continue business for a time, 3, 234.
of holder of wine license, 246.
transfer license, on, 3, 201.
Debtor arrested not to be taken to public-house, 314
Defacing record of conviction, 61.
Defendant, burden of proof on, 95, 161.
may be a witness, 94.
Definitions in Alehouse Acts, 216 ; in Beerhouse Acts, 3, 224 ; in
Licensing Act, 1872, 128 ; in Licensing Act, 1874, 182.
Demand of case for High Court in convictions, 104, 212.
license and exemption order, 117.
Deposit on bet, 42.
by guest in case of his goods, 266.
Description of ofifence in summons, 95.
Detaining defendant till return of warrant, 98.
Dinner, public, occasional license for, 265.
Discharge of defendant without punishment, 97.
Dismissal of case, costs, 98.
Discretion of justices as to new licenses, 189, 291 ; generally, 189 ;
on renewal applications, 75, 79, 298.
on re-hearing a case, 191.
limited as to some out-door licenses, 280, 291.
as to evidence of character, 281.
Disorderly person, permitting, in licensed house, 26.
keeping licensed house as, 26, 34 ; liability for
smgle offence as brothel, 34 ; a ground for
refusing license, 280.
conduct in licensed premises, 34 ; in refresh-
ment houses, 250.
excluding from licensed house, 44.
refusing to quit refreshment house, 253.
Disqualification of premises, notice of, sent to owner, 108 ; for
third conviction, 57, 59 ; notice of, to be
served on owner, 59.
order for, 57, 81.
in what cases of repeated convictions, 57, 69.
for forging certificate, 284.
Disqualification of person for third conviction, 357 ; to be entered
in register, 62.
license to disqualified person void, 81 .
for selling without license, 2.
in case o^ license is void, 5, 208.
notice of, sent to licensing justices, 107.
338 INDEX.
Disqualification of person for continuing license after, 169.
of justices, 113.
of persons to sell beer, 218.
of persons to keep inns, 208.
of persons to hold wine licenses, 248.
DisquaHfied person^s license is void, 208.
Distiller, when disqualified as justice, 113.
Distress for penalty, 7.
issuing warrant of, 98.
apparel and tools not taken, 99.
for H^uor supplied held a bill of sale, 207.
District licensing, what is, 130.
Dog, visitor taking, into premises, 45.
Domestic use, beer brewed for, 301.
Dominoes, playing at, in licensed houses, 37.
Door of church, notices upon, 178.
shop, notices on, 279.
Drinking on premises without license, 10, 11.
contrary to license, 11.
Drunk on highway, 20 ; meaning of public place, 21 ; drank and
riotous, 21.
taking charge of drunken person, 33.
selling to drunken person, 23.
risk of serving drunken person, 24.
what justices may hear charge for, 93.
Drunkards, turning out of houses, 44.
conviction for refusing to quit, 44 ; refusing to quit
refreshment house, 253.
treated by a sober man, 116.
found in refreshment houses, 250, 263.
Drunkenness, permitting, in licensed house, 23.
conviction for, by one justice, 93.
Duties on cider, sweets, beer, wine, spirits, 302.
E.
Early closing licenses, 155 ; affixing notice on premises, 156];
remission of duty on, 157.
extended to United Kingdom, 305.
excise duties in, 304.
Eating-house keepers entitled to refreshment house license, 244.
Elections not to be held in inns, 313.
Enclosed place near unlicensed premises, 13.
Endorsement of renewal of license, 7, 79, 87 ; of license at petty
sessions, 237.
of conviction on license, 107.
Enlarging premises, 6, 136.
INDEX. 339
ertainment, places of public, internal communication, 17.
harbouring thieves in, 28.
public, require license for liquor, 125.
closing of, on Sundays, 151.
ry on premises by constable, 171 ; if object special, 171.
of premises with excise by beerseller, 235 ; same by wine
seller, 249.
AUy divided, effect of justices being, 190, 200.
sion of law as to unlicensed premises, 13.
lence of sale of liquor, 115.
of consumption of liquor, 10, 13, 115.
of endorsements and register. 111.
defendant and wife may give, 94
Licensing Evidence Act, 315.
conviction after five years not admissible, 80.
eptions in summons for offence, burden of proving, 95.
hange of liquors, 115.
ise license void when justices' license void, 116.
penalty not under Licensing Acts, 7.
entry of premises with, 8.
selling without license ofi 8.
appesd to quarter sessions against, 8.
commissioners altering forms, 87 ; form of, 318
ofl&cer may sue for any penalty, 94.
officer demanding license or exemption order, 117.
closing of premises with, 150, 158.
severs! licenses included in one, 178.
justices' license must precede, 208.
no certiorari to quash, 233.
death of license nolder, 234.
entry of premises with, 235.
officer entering premises, 235, 249.
scale of duties for license, 302, 304.
isable liquor in billiard license, 139.
in refreshment houses, 270.
luding drunkards, 44.
orsionists, supplying liquors to, 162.
cutor of licensee, how to proceed, 3, 9, 201.
mption order for houses near markets, &c., 50.
holder to produce, 117.
for in-door beerhouses, 152.
consent by wrong justice, 260.
of refreshment houses, 51, 271.
on charge for offence, how proved, 95.
elling drunkards, 44
z2
340 INDEX.
Expiration of license, 201.
applying for transfer before, 203.
Extent of licensed premises, 136, 190.
Extracts from register, 111.
F.
Fairs and races, special exemption order for, 56.
occasional license for, 174.
sale of liquor at, 174, 264.
False representation as to being traveller, 48^ 160.
Fast day, occasional licenses on, 260.
Fee on inspection of register of licenses, 63.
on grant of beer license, 208, 282.
on registration of license, 63.
on renewal of license, 79, 208, 282.
on renewal of certificate, 79, 208, 282, 289.
on certificates for beer and wine, 282, 289.
on transfer of license or certificate, 208.
un endorsing copy of lost or withheld license, 74, 200, 28&
Felony, conviction for, license is void, 6, 234, 248, 296.
first conviction for, 169.
Festival, occasional exemption order for, 56.
Fire-arms, drunken person having, 21.
Fire, premises consumed by, 202.
First conviction, 169.
Five years from date of conviction, 60.
Fixtures of licensed houses, 207.
Flower garden of premises in valuation, 86.
Forfeiture of license, ejffect of, 5.
of liquor, notice before, 7.
notice of, to justices' clerk, 7.
of illicit stores, 18.
for harbouring thieves, 28.
for seditious meetings in licensed houses, 29.
temporary license on appeal against, 105.
notice of, sent to licensmg justices, 107.
for repeated convictions, 57.
not caused by conviction of five years past, 60L
to be entered in rej^ster, 62.
how to be disposed of, 94.
of excise licenses as well as justices, 116.
of liquor found on unlicensed premises, 172.
Forgingjustices signature, 5.
certificate, conviction for, 284.
first conviction for, 169.
INDEX. 341
Forms of licenses and certificates issued by authority, 82, 201, 320.
of renewal, 82.
of billiard license, 139.
of excise license, 318.
of occasional license, 318.
of renewal may be indorsed, 87.
of refreshment house license, 317.
Found drunk, meaning of, 20.
penalty for, 21.
in public place, meaning of, 21.
on premises in closing hours, 47, 48.
what justices may hear charge, 93.
on unlicensed premises, 173.
Four convictions against premises, 59.
Fraud in obtaining license, 219.
Frequenting of prostitutes, 26, 250.
of theives, 26, 260.
disorderly persons on licensing, 280.
Friends of publicans playing games, 38, 49.
entertained by license holder, 38, 181.
who may be deemed, 48.
of lodger entertained, 182.
0.
Gkune-dealer, innkeeper not to be, 268.
Games, list of unlawful, 39.
wagers on, 40, 42.
Gfaming Houses Act, 39.
warrant to search, 39.
arrest for keeping, 40.
Gaming, permitting, in licensed houses, 36.
unlawful gaming house, 32.
Garden valued as part of premises, 86.
G^eneral annual licensing meeting, 187.
license not granted at, void, 5.
removal license to be applied
for at, 91.
adjournment of, 178, 195.
attendance at, if applicant sick,
200.
Gift of liquor to constable on duty, 35.
to other j)ersons, 116, 158.
Glass of beer not a standard measure, 17.
measures for liquors, 17.
342 INDEX.
Good Friday, closing premises on, 149.
varying closing hours, 153.
of billiard tables on, 142.
closing in Wales, 307.
Goods other than wine, what, 241.
distress on, 98.
Goodwill of licensed house, 207.
Grant of license. See " License."
provisional, 176.
Greenwich time adopted, 151.
Grocer, when not requiring justices' license, 3.
when may open in closing hours, 49.
as a wine merchant exempt, 127.
sale of retail spirits, 128.
closing of premises, 150, 159.
Grounds of opposition to renewal, 75.
of refusing some licenses, 280.
Guest in inn, his person and goods, 266.
locking his bedroom door, 267.
his goods, when may be sold, 297.
H.
Hard labour not imposed for non-payment, 96.
Harbouring constables, penalty for, 35.
prostitutes, penalty for, 26.
thieves, penalty for, 28 ; appeal against convid
for, 29.
Hawking spirits, penalty, 6.
High constable, precept to, as to licensing meetings, 196.
abolition of ofl&ce of, 194
any constable may do duty of, 195.
Highway, drinking on, 11, 14.
house taken for improvement of, 202.
Hired premises, drinking on, 11, 12.
Holder producing license, 107.
Horse, drunken person in charge of, 21.
of guest received by innkeeper, 266.
when guest's, may be sold, 297.
Hotel, license as to, 88.
Hours of closing licensed houses, 148, 157.
music and dancing places, 32.
under exemption order, 51.
INDEX. 343
I.
Illicit storing of liquor, 18.
Imperial measures, sale of liquor by, 16.
Impiisonment for selling without license, 2, 7.
when alternative punishment, 7.
in default of distress, 7.
if penalty not paid, scale of^ 95, 96.
Improvement Act district, definition of^ 132.
Inlmbited house duty on inns, 268.
Inadvertence, justices postponing for, 292.
Incapable of keeping inn, &c., transfer, 201.
Indecency on licensed premises, 34.
Indictment and summary conviction on same facts, 112.
Injury to guest in inn, 266.
In-door license, six days, can only be, 88.
Information, criminal, against justices, 189.
Inland Revenue Acts : —
24 & 25 Vict. c. 21, 255.
24 & 25 Vict. c. 91, 256.
25 & 26 Vict. c. 22, 259.
25 & 26 Vict. c. 38, 261.
26 & 27 Vict. c. 33, 263.
27 & 28 Vict c. 18, 268.
43 & 44 Vict. c. 20, 301.
Inland Revenue officer may inspect register, 63.
Inmate on premises in closing hours, 47.
Inscription on music and dancing places, 31.
Lm, when requiring* license, 89 ; right of traveller to be
received, 89 ; travellers' right to liquors, 89.
Innkeeper's lien, 267.
liability as to guest's goods, 266.
duties and taxes on, 268.
tax on servant, 267.
inhabited house duty, 268.
not licensed as game dealer, 268.
may seU guest's goods after notice, 296.
relief as to duty for spirits, 304.
Inspection of register of licenses and fee, 63.
In4>ector of measures, seizure, 17.
Instalments of penalty allowed to be paid, 96.
Insurance of licensed premises by tenant, 186.
Intent to evade license, 13.
Internal communication with unlicensed places prohibited, 17.
first conviction
for, 169.
344 INDEX.
Inspector procuring samples of liquor, 167.
Intoxicating liquor, meaning of, 129.
liquor Licensing Acts, meaning of, 128.
Ireland, what sections of Act apply to, 143.
Island uninhabited, license for, 188.
J.
Joint conmiittee for licensing in boroughs, 68.
deficiency of justices, 176.
to make rules as to confirmation, 178.
Jurisdiction, if none, certiorari granted, 106.
over piers, rivers, 1 14.
certiorari in case of no, 176, 192.
Jury, defendant may demand, in certain cases, 47.
on charge for selling without license, 3.
Justices varying hours of Sunday closing, 153.
who may act at petty sessions, 239.
disqualification of, and penalty, 113, 198.
shareholder in hotel company, 113.
as owner of licensed house, 113.
one may convict of drunkenness, 93, 113.
jurisdiction of, over piers and rivers, 114.
licensing, who are, 130, 153.
at general annual licensing meeting, 188.
cinque ports, 193, 199.
at petty sessions transferring licenses, 237.
at special sessions for transfer, 201.
in liberties of counties, 187, 198, 216.
action against, for penalty, 113.
origin of their jurisdiction, as to licenses, 188.
license by, how far necessary, 188.
discretion of, as to licenses, 189.
altering name of owner in register, 63.
license valid though justices not qualified, 69.
of county, not to interfere in borough licenses, 69.
hearing application for renewal license, 75.
starting objections to renewal, 78.
granting exemption order, 63.
two generally to hear informations, 83.
imposing small fine, 97.
dischargmg in trifling cases, 97.
awarding costs, 98.
issuiiig warrant of distress and commitment, 98.
detainmg defendant till warrant returned, 98.
mitigating and postponing warrant, 99.
INDEX. 345^
Justices, demand of case for High Court, in convictions, 104.
certiorari in case of conviction by, 106.
demand by, of license and exemption order, 117.
discretion in recording licenses, 164
consent to occasional Hcense for fairs and races, 174.
form of consent, 318.
borough on joint committee, 175.
grantmg provisional license, 176.
granting one license for several liquors, 178.
acting corruptly as to license, 191.
re-hearing application under a mandamus, 191.
majority of, to sign licenses, 199.
costs against, at quarter sessions, 202.
reimbursing if refusal of license reversed, 214.
costs of, by county council, 215.
licensing theatres, 124.
discretion in granting licenses, 189.
as to quantwm of evidence, 281.
discretion at transfer sessions, 204.
if not voting, 200.
if equally £vided, 200.
bound to state grounds when, 281.
consent of, to occasional license, 265.
to grant exemption to refreshment houses, 272.
may use stamp or seal to licenses, 289.
may postpone applications, 293.
not to meet in licensed houses, 313.
K.
Keeping a brothel in licensed premises, 34.
a licensed house, liability for servants, 24.
gaming house on premises, 37.
betting house on premises, 40.
billiard table, 140.
open during closing hours, 157.
license only granted to those, 189.
an inn and manager, 190.
Knowingly committing offences, 24, 37.
Knowledge of servant in licensed house, 24.
L.
Label on bottles of liquor, 167.
L^al proceedings under Act, 70.
Letting room to unlicensed person, 6.
Liberties of counties, licensing meeting, 198, 217.
definition of, 131.
346 INDEX.
License, definition of, 129.
origin of justices' jurisdiction, 187.
how far necessary, 188.
sale without, 2, 3.
sale under void, 5.
when required by club, 4.
to a dead man, 5.
by justices in private, 6.
under repealed enactment, 5.
letting room to sell without, 6.
when premises enlarged, 6.
how far property, 9.
drinking on premises contrary to, 11, 13.
for music and dancing, 30.
for metropolitan race courses, 32.
recording convictions on, 57, 60.
omission to record on, 61.
not void for disqualified justices, 69.
if valid, when no notice given, 73.
wilfully withheld or lost, 74.
to disqualified person or premises, void, 81.
rooms required in new in-door premises, 83.
regulations as to forms of, 87.
removal of, to another part, 91.
on a chaise of offence, defendant must prove, 95.
when forfeited, notice to licensing justices, 107.
when forfeited, forfeits excise also, 116.
liquor to travellers, 160.
female holder marrying, 204.
covenant to do no act affecting, 224.
occasional, when granted, 174.
offences on premises on the, 175.
for refreshment houses, 271, 273.
forfeiture on repeated convictions, 57.
register of, 62.
recording convictions on, 164.
defacing record of conviction on, 61.
new, definition of, 129, 184.
grant of new, in counties, 64 ; in boroughs, 67.
notices before new, 71, 277.
transfer of, notices before, 72.
in what cases, 203.
wilfully withheld by tenant, 200.
lost copy of, 74.
renewal of, notice of objection to, 75.
confirmation of new county licenses, in-door, 64 ; of new
in-door borough licenses, 67.
INDEX. 347
sense, valuation qualification of premises for new in-door, 82.
for beer in-door, before 1872, 85.
for new beer in-door, after 1872, 82.
certiora/ri to quash, 86.
one may include several, 178.
in quarter sessions boroughs, 193.
in cinque ports, 193.
signature of, by majority, 199, 289.
refreshment house, 243.
wine in refreshment house, 244.
death of holder of wine license, 246.
register of wine, 247.
form of, in future, 87, 201.
may be stamped or sealed, 289.
partners holding beer, 220.
to state owner's name, 62.
six-day, application for, 88.
deduction of duty by excise, 89, 304.
notice of, to be afl&xed on six-day, 89.
turning six-day into seven-day, 90.
early closing, 155, 304.
to have a notice affixed, 156.
remission of duty, 157.
renewal of notice for, 72.
temporary, during appeal, 105.
production of, by holder, 107, 117.
retail spirit, by dealer, 127, 255.
retail wine, by dealer, 127.
retail beer, by dealer, 255, 263.
exemption from necessity of, 127.
for billiards, 138.
duration of alehouse, 201 ; of beerhouse and wine, 245
258.
to sell liquor in boats or vessels, 123, 238, 305.
to sell at theatres, 123, 125, 304.
refreshment houses, 256, 264.
occasional, for refreshment house, 271, 273.
See also " Certificate ;" " Wine and Beerhouse Acts."
jensed person, what, 129.
liability for servant or manager, 24.
as to travellers, 160.
premises, definition of, 130.
^naing Act of 1828, general effect, 188.
defining populous place, 188.
jensing committee, in counties, 64 ; in boroughs, 67, 70.
joint, in boroughs, 68, 175.
348 INDEX.
Licensing justices, definition of, 130, 154 ; stipendiary magiitnteB
may be, 71.
justices to fix days for advertisement notices, 71.
to receive notice of forfeiture and disqualifica-
tion, 107.
varying closing hours, 153.
may order names to be affixed, 19.
district, exemption order, 50.
occasional order in, 55.
justices disqualified in, 113.
definition oi, 130.
officer, definition of^ 130.
Lien of innkeeper, when sold, 296.
Limited discretion of justices on renewals, 79.
as to some licenses, 280.
Liqueurs, retail license for, 119.
Liquor, intoxicating, meaning of, 129.
consumption of, evidence of sale, 115.
adulteration of, 167.
search warrant for, 172.
given to private friends, 116, 158, 181.
London, local autnority for exemption order, 52.
for occasional exemption order, 65.
city of, time for licenses, 192.
Loaded firearms, drunken person having, 21.
Local authority for exempting licensed houses, 50.
may withdraw exemption order, 51.
may grant occasional exemption orders, 55.
for occasional license to refreshment houses, 271,
273.
government district, definition, 132.
customs as to fairs and races, 174.
as to closing hours, 157.
Lodger, sale of liquors to, 159.
fedsely pretending to be, 48.
found on closed premises, 47.
playing billiards, 142.
in six-day licensed premises, 150.
in closing hours exempted, 159.
as to gaining after closing, 162.
entertaining his friends, 187.
Lost licenses, copy of, 74.
fee on endorsing copy, 239.
INDEX. 349
M.
Made wines. See " Sweets."
Majority of justices to sign licenses, 199.
Malt, maker of, when disij[ualified, 113.
Manager, license holder liable for, 24, 25.
of Sunday public entertainments, 15.
of betting house, 40.
of gaming house, 39.
of hotel and liabilities, 267.
Mandamus to licensing justices, when granted, 190.
to re-hear renewal application, 78.
return to, treated as defence, 191.
discretion on a re-hearing, 191.
for not stating grounds of refusal, 281.
Market, licensed houses near, 50.
refreshment houses near, 272.
Marriage of female licensee, 204.
Master responsible for criminal acts of servants 24
Mayor, Lord, approving exemption order, 62.
occasional license to refreshment house,
271.
Measure, sale of liquors by, 16.
Meeting-place of prostitutes, 26.
of thieves, 28.
Merchant, wine, retail, 127.
Metheglin. See " Sweets."
Methylated spirits, no justices' license for, 123, 307.
duty on, 274.
Metropolitan district, who may grant exemption order, 52.
valuation for new in-door licenses, 82.
area of, where defined, 84, 182, 186.
not within High Constable Abolition Act,
194.
closing houses in, 148.
petty sessions for transfer of licenses in,
157, 158, 207.
police magistrates when may be licensing
justices, 71.
area, qualification of premises in, 82.
music licenses, 30.
Midnight closing of premises, 148.
of night-houses, 163.
Miners, paying wages m public-houses, 311.
Mistake of power in granting license, 5.
Mitigation of punishment, 95.
of penalties, 164.
350 INDEX.
Mixing one beer with another, 168.
Mortgagee of licensed premises, notice to, 63, 181.
appeal by, 211.
Municipal Corporations Act, 88. See " Borough."
Municipal elections not to be in inns, 313.
Music and dancing license, 32.
license to sell liquors in, 32.
no license for, in recreation room, 127.
does not include stage plays, 33, 125.
as part of public entertfonment on
Sunday, 152.
N.
Name on licensed premises, 19.
of holder and owner to be in register, 62.
if found on unlicensed premises, 173.
penalty for giving false, 47, 173.
demand of, by constable, if found on licensed premises, 47.
in register of licenses, 62, 180.
Neglecting to renew a license, remedy, 201, 203.
Neighbourhood of markets, exemption order, 60.
New license. See also " License."
definition of, 129, 184.
notice before, 71.
distinguished from renewal, 135, 136.
when application must be made, 135.
when premises have been altered, 136.
no appeal against refusal, 145, 179.
Newspaper, advertisement of notices, 71, 72.
New Year's eve, special exemption order for, 56.
Night, opening licensed houses during, 148.
closing of refreshment houses, 163, 271.
license to accommodate trades, 272.
Night-houses Act, 27 & 28 Vict. c. 64, 270.
28 & 29 Vict. c. 77, 272.
Nine-pins, playing at, in licensed house, 27.
Notice, computation of time for applying for licenses, 278.
affixed on house with the exemption order, 51.
of six-day license to be affixed, 89.
of disqualification of premises served on owner, 59.
sent to licensing justices, 107.
of forfeiture sent to licensing justices, 107.
of conviction to person interested, 121.
to parties as to brewster sessions adjourned, 178.
of opposition to renewal, 75, 178.
INDEX. 351
Notice of time of adjoumment, 197.
of meeting, 197.
for a removal license same as for new, 91.
board at church door, 279.
before new license to overseer and superintendent ot
police, 71.
advertisement of new, 71.
no notice required before renewal, 76.
proof of notice and process, 100.
service as to license may be by post, 121.
of innkeeper's liability for goods, 267.
before selling guest's goods, 297.
before transfer of licenses, 72.
of objection before renewal of licenses, 75.
to owner before disqualification of premises, 59, 108, 181,
to mortgagee of premises, 181.
before license to sell liquor and spirits by retail, 71.
before retail license by dealers, 71.
ser^dce of, in conviction appeals, by post, 103.
before general annual licensing meeting, 71, 200.
before special sessions, 72.
of appeal to quarter sessions, 103, 212.
Notoriously bad characters in licensed house, 26.
0.
Oatb, evidence on, in renewal applications, 76.
Objections to renewals, notice of, 75, 178.
adjourning to hear, 78.
notice of, to removals, 92.
Obliterating record of conviction on license, 61.
Occasion, special, as to closing premises, 55.
as to sale of liquor, 123.
Occasional licenses, definition of, 184.
granted to publicans, 259; duty on same^
264.
granted to refreshment houses and beer
houses, 268.
one justice to consent to, 260.
for refreshment house not selling liquor, 271.
local authority to grant, 271, 273.
at fairs and races, 174, 259.
time for closing under, 174, 265.
offences on premises with, 174, 175.
duty on, 269.
352 INDEX.
Occupier of unlicensed premises, 10, 13.
agreement witn unlicensed person, 10.
to give notice of owner^s name, 62.
Offence, description of, 95.
two, on same facts, 112.
disc^ualified justice trying, 113.
notice of, to owner, 121.
more than one, on one day, 111.
Office for betting, keeping, 41.
Officer, licensing, 130.
Off-license, drinking un premises, 13, 16.
ordering liquor from premises, 14.
no confirmation required, 178.
limited discretion of justices, 189.
Omission to record convictions on license, 61.
Open court, justices starting objections in, 78.
Opening house in prohibited hours, 157. See " Closing.**
Opposition to renewal license, notice of, 75.
burden of proof of, 76
what are competent grounds of, 77.
Order disqualifying premises, 107.
sanctioning removal, 92.
directing conviction to be recorded, 164.
of justices, varying hours of Sunday closing, 153.
declaring a populous place, 188.
exemption from closing hours, 50
occasional exemption order, 55.
Ordering liquor and calling at premises, 14.
Orders, traveller soliciting for spirits or wine, 274.
Outhouse of licensed house is part, 171.
Owner, definition of, 130, 181.
to be named in register, 62.
application to vary name in register, 63.
may inspect register of licenses, 63.
may demand to be registered, 181.
protection of, against recorded convictions, 109
serving notice of disqualification on, 59, 108.
to receive notice of removal of license, 91.
to get notice of some convictions, 108.
when he may appeal to quarter sessions, 211.
cannot appeal against tenant's conviction, 101, 181.
P.
Packet boats, sale of liquors, 123.
duties on, 305.
Va b, definition, for valuation qualification, 232, 295.
mDEx. 353
iamentary elections not to be in inns, 312.
ners in beer license, 220.
dty, enforcement of, generally, 7.
recovered under Snmmary Jurisdiction Acts, 93.
not to be excise, as to application, 94.
against disqualified justice, 113.
imprisonment proportion^ to, 96 ; payment of, by
mstalments, 96 ; recovery of, 98, 100.
crown may remi^ 118 ; excise not affected by Acts^
123.
moiety of, to police superannuation fund, 118.
mitigation of, 164.
payment of, in boroughs having quarter sessions, 118.
in boroughs without quarter sessions, 118,
oitting drunkenness, penalty, 24.
onal service on justices, 101, 104.
on owners of premises, 121.
y sessional division of county, 131.
y sessions, application for temporary license, 237.
disqualified justices at, 198, 239.
lire as signboard of inn, 207.
8, jurisdiction over, 114.
e, public meaning of, 21 ; penalty for found drunk, 21.
populous what, 188.
IS for provisional licenses, 177.
ing for money in licensed houses, 37.
at billiaras, 140.
fling under a writ of mandcmitiSy 191.
sure ground as part of valuation of premises, 86.
ges for liquor consumed, 263.
ce. See'' Constable."
authority defined, 52.
commissioner of, granting exemption order, 52
superintendent to receive notice of new license, 71.
superintendent, notice of transfer to, 72.
supervision, want of, as to license, 189.
superannuation fund, part penalties applied to, 118.
} not to be taken in licensed houses, 312.
' rate for licensed premises not needed, 84
valuation applied from, 86.
ilation, regulating value for new in-door license, 82 ; for beer
enses, 231, 295.
of populous place, 188 ; for (on) wine license, 244
of parish or place, 82, 232, 295.
to be according to last census, 82, 117.
lions place, definition and order, 188.
2a
364 I INDEX.
Possession of lic^uor in unlicensed place, 3, 19.
of illicit stores, 18.
Post, service of notices as to appeals against conviction by, 103 ;
on case stated for High Court, 104 ; of notices as to ucenses^
121 ; notice by post to owner of, 121.
Postponing applications by justices, 293.
Precautions as to travellers, 160.
Precept before general annual licensing meeting, 194 ; to justices'
clerk in boroughs, 195.
Premises, what are licensed, 130.
varying size of, 137.
enlarging, when new license needed, 6, 136.
where liquor is sold, 11.
drinking on highway adjoining, 11.
closing in case of riot, 46.
recording convictions against, 58.
qualification for new in-door licenses, 81.
annual value for new in-door, 82.
annual value for existing beerhouses, 84.
liberty to increase valuation, 85.
include out-houses, 171.
right of constable to enter, 171.
sale in unlicensed, 3.
disqualification of, 57, 81.
license for disqualified, void, 81.
qualification for, 82, 231, 244.
unlicensed, communicating with, 17.
valuation qualification for beerhouse, 84^ 232.
name on licensed, 19.
permitting drunkenness on, 23.
drunken person on, 23.
drunkards expelled from, 44.
persons drinking on, during prohibited hours, 47.
garden and curtilage included in valoation, 86^
136.
repairs and insurance of, by tenant, 86.
occupied exclusively for liquor, 119.
for billiard tables, 140.
closing hours for all, 148.
closing of grocers', 150.
earljr closing, 156.
closing of places with occasional licenses, 175.
provisional licenses for, 176.
contract for sale of, 207.
Prevention of Crimes Act, 28.
Previous conviction, how proved, 7, 29.
INDEX. 365
Private, justices granting licenses in, 5.
lustices hearing opponent of renewal in, 77.
mends of license nolder entertained, 181.
Privity to consumption on unlicensed premises, 11, 13.
Production of license by holder to justices, 107 ; penalty for not,
117.
Profit, drinking for, on unlicensed premises, 13.
Prohibited hours, selling in, 148, 157.
varying on Sunday, 153.
Prohibition, writ of, to justices, 192.
Proof of consumption, 115.
of sale, 4, 115.
of previous conviction, 7, 29, 100.
of opposition to renewals, 75.
of notice, &c., 100.
of service, 100, 121.
Prostitutes, harbouring, in licensed houses, 26 ; in refreshment
houses, 250.
turning out, 44.
Provisional grant of license, 176. ;
removal, 177.
Public Entertainment Act, 32 ; places of, internal communication
with, 17 ; hours for opening, 32.
regular license to sell liquors, 25 ; closing
of on Sunday, 151.
exemption order, 50. See " License."
Public fast, billiard tables on, 142.
occasional license on, 260.
Public-houses, paying wages in, 311.
Public improvement, licensed house pulled down for, 202,
206.
Public market, exemption order near, 50.
Public place, drunk in a, 20 ; meaning of public place, 21.
Public resort, meaning of place of, 17, 21.
Publican. See " License."
license, how granted, 188.
eating-house keeper entitled to, 244.
occasional licenses, 264 ; form of excise license, 318.
no wages to be paid in, 311.
Publication of census as to populous place, 188.
Punishment, discharge without, 97.
two kinds for same facts, 112.
twice for same offence, 112.
Purchasing for drunken person, 12.
liquors adulterated, 169.
licensed premises, 206.
2a2
356 INDEX.
Qualificatioii of premises for new licenses, 82, 85.
of present beerhouses, &c., 85, 231.
of justices, 113, 198, 237.
Quarrelsome conduct in licensed house, 23.
excluding such persons, 44.
Quarter sessions includes general sessions, 132.
appeal to, in exdse convictions, 8.
in betting-house convictions, 44.
in gaming-house convictions. 40.
in convictionfor harbouringthieveB,29b
to appoint licensing committee in counties, 64.
to make regulations for licensing committee,^j65
mandarmis to appoint committee, 66.
object of confirmation, 66.
discretion as to, limited in some cases, 66.
may grant license, if reverse judgment, 210,
of county to hear appeals against refuaeds, 212.
no appeal for refusmg new grant, 145, 179.
appeal against convictions generally, 101.
aajoumment of appeal agamst refu^ of license,
212.
temporary license during, 105.
giving notice of appeal, 102.
recognizance on appeal, 102.
power to adjourn appeal against conviction, 102,
power to state case for High Court, 212.
appeals in refreshment house cases at, 252.
constable's costs allowed, when, 252.
Quay, jurisdiction of justices over, 114.
Quit, drunkards, &c., ordered to, 44.
licensed tenants refusing to, 109, 135.
Quorum of county licensing committee, 64.
of borough licensing committee, 68.
B.
Race, paying money on event of, 42.
Bacecourse licenses, 32.
Races. See " Fairs."
Railway carriage, when deemed a public place, 21.
Railway station a place of public resort, 21.
Railway stations, no valuation qualification for, needed, 82.
sale of liquor at, 160.
refreshment room at station, 82, 160.
exemption from night closing, 160, 272.
INDEX. 357
atepayer may inspect register of licenses, 63.
.ates and taxes of licensea premises, 86.
bating qualification for licenses not needed, 84.
.iecogoizance on appeal to quarter sessions, 102.
on case for High Court, 105.
Hecorder of borough not to hear licensing appeal, 212.
Recording convictions and e£fect of third, 57.
of persons since 1872, 58.
second, to count againt premises, 58.
to be entered in roister, 62.
discretionary in justices, 164.
direction as to, 165.
omission to record, 61.
defacing, 61.
Recovery of penalty, 98, 160.
Recreation room, dancing license for, 31.
when no license for stage plays, 125.
Refreshment of prostitutes, permitting, 26.
bar in hotel, 267.
Refreshment House Act, 23 Vict c. 27, 240.
what is such house, 242.
rent required of wine on-license, 244, 256.
when license not required, 256.
duty on, 256.
license for wine includes sweets, 264.
obtaining exemption order, 51.
guest consuming liquor in, 54.
obtaining occasional exemption order, 55.
penalty tor o£fences in, 250.
appeal against conviction, 251.
harbouring thieves and drunkards in, 250.
constable prosecuting at quarter sessions,
252.
not selling liquors, occasional license, 270.
local authority to grant occasional license,
271, 273.
closing of, not selling liquor, 271.
at railway station without liquor, 272.
occasional license for market^ 272.
not selling liquor, closing of, 54, 163, 243.
closing by night, 163, 243, 272.
occasional license for, 268.
duty payable for, 269.
selling wine, closing of, 54.
condition of closing at ten, 55, 243.
duties on license for, 256.
358 i^DEX.
B^edunent boiue, who entitled to licence, 242.
who hoTind to take license, 243.
gelling by retail in, 242.
confectioners ?telling wine, 244.
Taloation qualification for, 244.
keeping, without license, 245.
selling wine in, without license, 245..
duration of licenses, 246.
death of licensee, 3, 246.
list of Ucenaes, 247.
tran'sfer of licenfies, 260.
Kefu.^al of new licence not apj^ealable, 66.
of renewal licenr^e, 79.
of transfer, 168, 265.
Kefa«in^ to quit, drunken persons, 44.
f^ame in refreshment houses, 253.
Kegister of licen=<es, 62 ; inspection of, 63 ; retaining licenses for,
Kfl ; entries in, 62, 111 ; evidence of, 83, 111 ; conviction for
bribery to be entererl in, 314.
Kegi>tered letter as service, 121.
Rej(ulations as to procedure for confirming, 80.
as to forms of licenses, 87.
itehearing application for renewal license, 78.
at a^ljoumment of general meeting, 196.
after mandamus, 191.
Kimiission of duty on early closing and six-day licenses, 157.
Removal of licens^j Hame as new license, 91.
notice to owner, 91.
of licensee, transferring of license, 201.
of proviwional license, 176.
Itenewal of licenses, definition of, 129.
what is implied, 134.
distinguished from new license, 134.
to a i^erson not previously licensed, 135.
when premises nave been altered, 136.
and certificates, no notice before, 76, 279.
may be by endorsement, 87, 289.
fee for certificates, 289.
in name of dead person, 9.
notice of objection to, 75.
attendance of applicant when required, 76.
what justices grant renewals, 76.
what are grounds of opposition to, 77.
justices starting objection to renewal, 78.
as to some licenses discretion limited, 79, 280.
appeal against refusal to renew, 79, 210.
INDEX. 369
Benewal of licenfles for wine and beer, 280, 285.
fees for, 79, 208, 289.
Bent as valuation qualification of premises, 83, 84
now replaced by annual value, 84.
for, on wine license, 244.
Repairs of licensed premises by tenant, 86.
Repeal of statutes, 104, 118, 154
Repeated convictions, 57.
Reputed prostitutes, harbouring, 26.
thieves, harbouring, 28.
Resident occupier of beerhouse, 231.
beer dealers, retail licensee need not be, 263.
Resort, place of public, internal communication, 17.
what is, 18.
habitual, for prostitutes, 26.
habitual, for thieves, 28.
Restaurant, part of a hotel, 267.
Retdl, sellii^ bv, what is, 8, 130, 137.
as to different liquors, 133.
selling beer by, 230.
valuation of premises for beer, 231.
spirit license, by dealer, 119, 304.
beer by dealer, 263, 291.
li(jueurs and spirits license, 119.
wine license, by dealer, 127, 241.
Return by justices to mandamus, 191.
Revenue. See " Excise."
Riot, closing hours during, 46.
Riotous and disorderly persons drunk, 21, 22.
conduct in licensed house, 23.
Rivers, jurisdiction over, 114.
Rooms required in new in-door licensed premises, 83.
committee, at elections not to be in inns, 313.
S.
Saint Alban's, saving as to privileges, 122, 287.
Sale of Food Act, 167.
procedure under, 168.
Sale, without license, 2, 3.
in clubs, 4
by retail, what, 8.
as to affixing name on premises, 19.
to drunken persons, 24
in refreshment houses, 54
money not necessary to prove, 115.
360 INDEX.
Sale, distingm^hed from keeping oipen^ 158.
indades l)arter and excnange, 3, ^ 115.
by standard measoie, 16.
01 spirits to children, 15, 315.
on Sundays and in prohibited hotus, 148.
by retaD, what, definition, 130.
of liquor at railway stations, 82, 160, 272.
at theatres, 125.
in packet boats, 123.
to travellers and lodgers, 159.
evidence of, 115.
consmnption is primd facie evidence of, 115.
of spruce or black beer, 123.
of liquor at theatres, 125, 304.
on special occasions, 55, 123, 259, 273.
in canteens, 123.
at fears and races, 174, 259.
suing for price of liquors, 261.
of licensed house, contracts as to, 206.
Saturday night, closing on, 148.
Saving of indictments. &c., under other Acts, 112.
Schedule of statutes as to repeal, 145, 186, 215.
Scores for spirits, action for, 261.
Scotland, Licensing Acts do not extend to, 1.
Search warrant for liquors, 172.
for betting houses, 43.
for gaming houses, 39.
of raster, 63.
Seashore, jurisdiction over, 114.
Second offence, how counted, 2, 6.
Secretary of State, definition of, 133.
licensing recreation rooms, 31, 125.
approving exemption order, 52.
issuing forms of licenses, 87.
licensing canteen, 126.
occasional license for refreshment house
271.
Security, giving, for liquor consumed, 263.
for non-payment of penalty, 96.
Seditious meetings in licensed premises, 29.
Seizing liquor found in imlicensed places, 172.
Servant, master's liability for, 24.
on premises during closing hours, 47.
consumption by, on premises, 115.
Service of notices of appeal against convictions by post, SOL
of notice of case stated, 104.
INDBXi 361
Service of notice as to licenses, 121.
Seven-day license contrasted with six-day, 90.
turning into six-day, 90.
Several licenses included in one, 178.
occupiers, license to one, 190.
Shareholder in hotel company, justice being, 113.
Shed, drinking in unlicensed, 13.
Sheriff's officer disqualified for license, 208, 218.
Sherry, British, license for, 242.
Shop, keepers oi^ entitled to off wine license, 241.
Shore, jurisdiction over, 115.
Shutting up licensed house, 89.
Sickness hindering applicant attending for license, 200.
Signature of justices to license by stamp, 72.
if forged, 5.
by majority of justices, 199.
by justices by stamp, 72, 289.
Signboard of inn goes with inn, 207.
Similar license, what is, 185.
Six-day license, application for, 88.
only for in-door, 88.
cannot afterwards be changed for seven-day,
89,90.
closing on Sunday, 88, 150.
if bound to receive travellers on Sunday, 90.
remission of duty on, 156.
extended to United Kingdom, 305.
duties as to spirits, 304.
Skating rink, license for, 33.
Skittles in licensed houses, 37, 38.
Small fines, costs in case of, 97.
Sober man treatiug drunken man, 24.
Soliciting orders for spirits and wines, 242, 274.
Special case for High Court on convictions, 104.
notices how served for case, 104.
for High Court from licensing justices, 212.
fiN)m quarter sessions, 212.
sessions for transfers, 197.
See " Transfers.",
oecasion for exemption order, 55.
for sale ot liquor, 123.
Spirits, Tippling Act as to, 261.
travellers soliciting orders for, 274.
dealer having agencies for, 4.
hawking, penalty for, 6.
sale 0^ to children, 15.
362 INDEX.
Spirits, rooms required for in-door license, 83.
beersellers once prohibited from, 229.
wine sellers having, in possession, 249.
felony of license holder, 170.
methylated, sale of, 123, 126, 307 ; duty on retaileis,
274.
what is deemed, 248.
sale by retail of, 8, 303, 306.
sale by felons, 170, 294.
no certificate required for, in certain cases, 128.
retail license by dealer, 3, 119, 128, 255, 304.
excise duties on retailers, 303.
certificate required for, in other cases, as for wine, 119.
sale in canteens, 123.
sale by beersellers, 258.
selling without license, 3.
first conviction for, 169.
possession of, by refreshment houses, 246.
action to recover scores for, 261.
Spruce beer, sale of, not affected, 123, 124.
Stage plays, license for, not included in music license, 33.
meaning of, 124.
require license, 125.
copy of, sent to Lord Chamberlain, 125.
regulated by county council, 124.
allowed in recreation room, 127.
Stamping of liquor measures used, 17.
of justices' signature to licenses, 73.
Standard measures, sale by, 16.
Statian. See " Railway station."
Steam-eugine in charge of drunken person, 21.
Stipendiary magistrates may be licensing justices, 71.
Storing of liquor, illicit, 18 ; search for 171.
Structural adaptation of new in-door licensed houses, 82.
Subbequent ofltence, penalty for, 6.
Summary Jurisdiction Acts, as to procedure, 95.
as to appeals, 101.
on being charged may demand a jury, 97'
court of, 93, 132.
proceedings as to convictions, 93.
non-payment of penalty on, 96.
procedure as to appeals, 101.
Summons to state that license must be produced, 95.
Sunday Acts for closing repealed, 145.
closing of billiards, 142.
closing in Wales, 151, 307.
INDEX. 363
iday, notice on church door of licenses, 278.
closing of six-day licensed houses on, 88, 150.
notice of six-day license to be afi&xed, 89.
included in computing time, 105.'
closing of all retail premises, 148.
public entertainments, 151.
power to vary closing in afternoon, 153.
)erannuation police fund, 118.
)erintendent of police to receive notice of license, 71.
to get notice of transfer, 72.
'ety for good behaviour in trifling cases, 97.
eets, sale of, by wine sellers, 96, 212.
definition of, 8.
sale by retail, what, 8.
excise license for, not affected, 120.
license for, necessary, 129.
includes made wines and metheglin, 288.
same as for wine, 129.
included in wine license, 133, 264, 302.
duties on, 302.
T.
jle-beer retail license, 255.
duty for, 255.
no valuation for, 255.
justices' discretion absolute as to, 256.
ces on innkeepers, 267.
dng costs at quarter sessions, 214.
npest destroying inn, remedy, 202.
nporary license from excise during appeal, 105.
during forfeiture, 105.
continuance of forfeited license, 169.
at petty sessions till transfer sessions, 237,
aant, owner appealing against disqualification of, 109.
refusing to leave premises, 109, 135.
covenant not to affect license, 166.
no landlord can get license, 190.
removing from licensed house, 201.
must be resident for beer license, 231.
rates and taxes of licensed premises, 86.
at or shed, drinking in, 13.
eatres, exemption from closing house near, 53.
* sale of liquors at, 123, 125.
excise duty for licenses at, 304.
licenses now by county council, 124.
license by Lord Chamberlain, 124.
:1»54
graDDDed only za maziag^, 124.
wsaaihrr fi?T imlicesiaed^ 134.
dxanptziuL ordiear not allowed for, 152.
TMercs, iiarboimmi, 2&.
in T^^fffPghTnpnt hooseSy 250.
Third «nr7iciiuiL reeortied* effect of, 57.
Three TrrfTi^s. as -oo Mndjidts travell^ lOX
Trme &r obomiii^ ^^aae for High Courts ICKL
oompimicioiL of. as to notices^ 74.
for appealing &3 <]xiartdr sesdons against conviction, 104
iamigmanit^n as zo cloemg, 15L
for new lieensesy 27S.
Tmplfng A»nu 261.
TiSie reatcharje paid by Kesised holder, S6L
Tide, THidor^w to public -house, 207.
TooL^ of trade not taken on dbness, d9.
Town, detrnitfon of, 131. 13S, 1S8.
population of, as to* 117, 1S8.
annn.il value for, 82.
Township, valiuition for beer license, 2&5.
Trades, exemption order, to accommodate, 51.
occasional license for refreshment house, 272.
Transfer, of licenses, definition of^ 129.
in case of forfeiture, &C., 169.
of wine excise license, 260.
endorsing Ucense for transfer sessions, 237.
fees on, 208, 239, 289.
Transfer of licensed house, contract as to, 207.
Transfer sessions, procedure on death of licensee, 3, 9.
notice before application to, 72, 203.
notice of time of holding, 197.
number to be appointed each year, 196.
when application too late, 203.
temporary at petty sessions, 237.
adjournment of hearing, 290.
no new licenses granted at, 300.
Transparent measures for liquors, 17.
Traveller, falsely pretending to be, 48, 160.
found on closed premises, 47.
who is a, 160.
right to be received in inns, 89.
measuring the three miles, 160.
servant's neglect as to, 162.
custody of goods and horse at inn, 266.
solicitmg orders for spirits, 274.
INDEX. 365
Traveller, sale of goods if left in inn, 297.
Treating voters in inns, 313.
Trial by jury, on three months' imprisonment, 6.
Trifling charge, how to be treated, 97.
Truck Act, forbids drink as wages, 314.
Trustee of banki'upt licensee, procedure, 3, 9.
justice being, as to licensed house, 113.
u.
Universities, saving of privileges as to liquors, 122, 216, 287.
Unlawful gaming in licensed houses, 37.
Unlicensed premises, internal communication with, 17.
penalty for selling in, 3.
seizing liquors in, 173.
agreement to sell without license, 10.
if license forfeited, continuance, 170.
music and dancing places, 30.
V.
Vacancy in county licensing committee, 65.
in borough committee, 68.
Valuation qualification of new in-door premises, 82.
sufficient at date of application, 87.
of premises for beer retailers, 231.
of premises for wine, 244, 281.
of beer dealers' retail, 292, 295.
for retail of spirits, 303.
Value of premises, how estimated, 84.
scale for excise duties, 303.
Vendor of public-house making title, 207.
Vessels, sale on board, 123, 238, 305.
Victualling-house, a confectioner's is, 190.
billeting soldiers on, 226.
a refreshment house as, 243.
Vintners, saving as to privileges of, 123.
Visitors on premises in closing hours, 49.
Void license, sale under, 5 ; to disqualified person void, 81 ; list of
enactments as to disqualification, 81.
for felony, 234, 250.
excise license not, 233.
Violent conduct in licensed house, 23.
excluding violent persons, 44.
:-wi iXTffD..
^V4tf«:*s.Tw»v3ji^ 3:^wctua-^a>«a«ft». 3Ut. 311.
(. .Uj>jr?-*- .sju .'■xiT;".Ti",:T::fyrrin. ife.
"hr;.:r!fcJfcffrs *^.ft wvihihtttt Xt sell. iI2ft.
itnth^t hjivoxii: >."^Tiul iirauwv. ^
vmtl ITU piiETifTKu: i.ir itumiy. 24!v
form (il £77.
vben HOT TtHjuuvd fat. 4.
Ho T&liuaiaii i^iudifLcaxicai in Bome nimn, %1.
INDEX. 367
Wine, notice "before certificate, 277.
refusal of certificate for certain licenses, 280.
appeal against refusal, 283.
forgery of certificate, 284.
transfer of certificate, 282.
renewal of certificate, 286.
duration of certificate, 245.
signature of certificate, 289.
lost certificate, 74, 239.
dealer's additional license, 127.
dealers entitled to ofif-license, 241.
See " License."
Wine and Beerhouse Acts, meaning of, 128, 275.
32 & 33 Vict c. 27, 275.
33 & 34 Vict. c. 29, 28a
houses subjected to, 276.
Withdrawing exemption order, 51.
occasional order for refreshment house, 273.
Witness, defendant and wife may be, 94.
Workmen, paying wages to, in public-house, 311.
Worship, public, varying Sunday closing, 153
Writ 01 mandamiis, effect of^ 190.
certiora/ri and prohibition, 192.
Y.
Yard valued with licensed premises, 86.
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^H
Comnittinetit toi' want of distress (or ft.r '
WHlucfc^l term on \>un payment).
^H
lidonnatimi agiiinst Kdler, not licensed lo
KcU to l>c ilnuik on premises, privy or
coitSQTiting lo drinking on the premises.
w, taking. iSc, litjuor from the premises
for sale and consumption elsewhere, ss. 5
an<i 6.
Summons.
B I:
ConviclHon.
^H
■Warrant of distress.
^H
Conn nit men t for want of distrttss (or for
rcducfd term on pari payment).
^^V DnmhmuiS^an^ ot/ur ofetues against /nitiUe order. j
^H
Information agEiost person found drunk in
highway, &c., b. la.
^H
Suninums.
^^1 33*
Convic-lion,
^H
Ditto on parchment.
^^V
Warrant of diKtresa.
^^ft 35-
Commitment whtre no goods whereon to
levy distress, or in default of distress.
^^V i6- Intormmion againsl person who, in high. |
way. Sic, is gmliy. while drunk, of riotous
misbelmviour ; vr, who is drunk while in
charge, on a highway.&t, of any carriage
Summons. .
^ft 37'
^L
Conviction. ^^L
^^K 38*. Ditto, oil paichinRnt. ^^^|
^^H 39.
Warrant of distress. ^^^H
^^^
Commitment in default of ilistrcss- ^HH
^B 40a
Conviction. Imprisonment. Costs. 11 |
^B 40«fl.Pitto, on parchment. 1
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41. Information for permitting drunkenness,
&c., on premises, or selling to drunken
person, or for allowing prostitutes to
remain longeron premises than necessar}'
for refreshment, or suffering gaming to
be carried on on premises, or opening
house in contravention of 16 & 17 Vict,
c. 119. — Sections 13, 14, and 17.
42. Summons.
43. Conviction.
43^. Ditto, on parchment.
44. Warrant of distress upon a convictioii
45« Commitment for want of distress ( ■
reduced term on part paymei ^ uu
conviction.
56. Information against drunkards, &^., ic
fusing to quit premises, s. 18.
57. Summons.
58. Conviction.
59. Warrant of distress on conviction,
60. Warrant of commitment when them /»?
no goods whereon to levy distress, oi '
default of distress.
Hours of Closing,
67. Information for selling, &c., during *:'. 1
when premises are directed to be ck .f.
by this section, &c., &c.
68. Summons.
69. Conviction for opening premises, &c., in
prohibited hours.
70. Warrant of distress.
75. Inforination against person, not being an
inmate, &c., found on premises during
closing hours.
76. Summons.
77. Conviction.
Entry on Premises,
85. Information for search warrant, s. 35.
86. Search
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